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(영문) 부산지방법원 2013.12.10 2013고정5074
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A is the owner of Gangseo-gu Busan Coastal Sea Ships B (0.37 tons, outboards, and 60 ma) of W (0.37 tons, outboards, and 60 ma).

The owners of inland-water fishing vessels are supplied with duty-free petroleum at a price lower than the actual departure and operation of the city in the neighboring gas stations by submitting the ship documents (ship certificates and fishery permission certificates) registered with the Gangseo-gu Office, the competent administrative agency of Gangseo-gu, Busan for the purpose of fishing, the Gangseo-gu, Busan for the purchase of duty-free petroleum. However, the owner of the inland-water fishing vessels did not verify whether the procedures for the supply of duty-free petroleum do not actually depart from the port and operate the fishing.

Accordingly, on January 10, 2010, the Defendant filed a false departure report with the Daedo fishing village fraternity as if he/she had been engaged in the operation by departing from the port on January 10, 2010, and submitted a tax-free petroleum sales order and a tax-free petroleum purchase card to D station employees located in Gangseo-gu Busan, which were located in Busan, after submitting a report on departure and entry to the person in charge of the duty-free petroleum from the Daedo branch to submit the documents for release, and then presented a tax-free petroleum purchase order and a tax-free petroleum purchase card. As such, the Defendant supplied 100 liters as if he/she met the tax-free petroleum payment standards for the fishery at the Busan, Seodo branch, Busan, as if he/she were supplied with 100 liters and used them as agricultural machinery and vehicle fuel oil, etc. from January 10, 201 to May 23, 2013, and acquired them by fraud over 182 times in total (34,47 won).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of internal investigation report (verification of the current status of supply and demand of the owner of inland fishery right), copy of data requested for cooperation in investigation affairs, fishermen holding inland fishery right, copies of inland fishery permit, tax-free petroleum management ledger, individual and tax-free petroleum;

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