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(영문) 부산지방법원 2015.11.26 2015고단6530
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the borrower of C-business truck, was entitled to claim and receive fuel subsidies from the local government with which the vehicle is registered, and, in order to receive fuel subsidies, either the gas station or the person would not directly receive oil for the vehicle that is in conformity with the fuel of the vehicle from the fixed installation of the oil station and purchase or sell oil for which the source of the vehicle cannot be known at a non-gas station. However, even if he/she purchased or sells oil for the vehicle that is moving from a non-gas station on February 2014, he/she operated the tank lorri vehicle and sells petroleum to the cargo owner, received oil from the cargo owner through the tank lorri vehicle in operation, such as D and E, and through payment with the credit card terminal of the credit card station in which the said D, etc. were in possession, the oil station or the person, by deceiving the local government, as if he/she purchases normal oil from the fixed installation of the oil station, and conspired to receive the fuel subsidies.

On February 3, 2014, the Defendant: (a) around 15:47 on February 15, 2014, the Defendant: (b) sold 328 liters to the above B truck; (c) delivered the freight driver welfare card (Korean cardF) in the name of the Defendant to the said D; (d) around that time, the Defendant purchased 345 won of the fuel subsidy calculated as KRW 113,458 won per liter from the Plaintiff’s Dong-gu Office through the mobile-type tank oil tank; and (d) delivered the freight driver welfare card in the name of the Defendant to the said D; and (e) caused the said D to settle the payment with the credit card terminal in the name of “H gas station” located in Ulsan-gun G located in Ulsan-gun, Ulsan-gun, the Defendant believed that the Defendant purchased 345 won of the fuel subsidy calculated as KRW 113,458 won per liter from the Plaintiff’s Dong-gu office during the period from around July 13, 2014.

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