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(영문) 인천지방법원 2016.03.24 2015고단8098
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the borrower of individual cargo vehicles, B is the petroleum retailer operating the “D gas station” located in Jung-gu Incheon Metropolitan City, and E is the employee of the director in charge of the general affairs of the above D gas station.

In collusion with B, E, etc., the Defendant would receive subsidies by having the aforementioned E, etc. pay the subsidy in a way that would normally settle the payment of the subsidy through the cargo vehicle eligible for the subsidy by using the following methods: (a) volumeing the subsidy welfare card and manipulating transaction details.

At around January 5, 2013, around 08:25, the Defendant filed a claim for the payment of the Defendant’s pay to E, etc. by paying the Defendant’s oil welfare card to pay the Defendant’s oil to E, etc., as if he had completed the 312-liter’s credit limit from the preceding month to the truck (F) entitled to the Defendant’s oil payment of the Defendant’s oil at the above D gas station, and E, etc. claimed for the payment of the Defendant’s oil welfare card to the Incheon Metropolitan Government by paying the subsidies.

As such, the Defendant: (a) conspired with B and E in collusion with the victim and received a full subsidy of KRW 107,808 (312liter x 345.54 won) from the victim; and (b) from January 20, 2014 to January 20, the Defendant received a full subsidy of KRW 107,808 (312liter x 345.54 won) from the victim; and (c) received a full subsidy of KRW 4,03,348 on 37 occasions in collusion with B and E by paying a full amount of credit until the previous month as shown in the list of crimes

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspects of the police against E and B;

1. Application of Acts and subordinate statutes to a protocol of seizure and a copy thereof;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which recognizes and reflects a crime, exceeds the same criminal record or fine to the defendant.

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