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(영문) 창원지방법원 2017.03.30 2017고정153
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

B (Appealed on September 2, 2016 by the Changwon District Court to be sentenced to one year and six months of imprisonment for fraud, etc. and currently pending in the appellate trial) is the operator of the D gas station in Kimhae-si C, and E (the above judgment becomes final and conclusive on September 10, 201 after being sentenced to one year of imprisonment for fraud, etc. in the same court on the same day) of the above gas station.

In order for each local government to provide a cargo borrower with a part of the increase of oil tax, the Defendant agreed with each other to “the difference between the actual oil amount and the actual oil return in cash after settling the false amount calculated in excess of the actual oil amount,” in order to receive the maximum subsidy to receive the subsidy from the monthly amount of monthly payment according to the maximum load of the relevant cargo vehicle (the amount calculated by subtracting 183.21 won per liter from the amount of oil tax as of the purchase date).”

Therefore, while the borrower knew that the cargo would receive an excessive amount of subsidy in the event of making a false payment as above, in order to attract cargo owners, the above B made a settlement by using the oil purchase card (so called 'UP') and then refund the remainder after subtracting 1.5% of the card commission from the difference. ② When making a false settlement of the actual amount of oil in several times with the oil purchase card, the amount calculated by subtracting 20% of the card commission shall be refunded from the amount of the false settlement, or ③ the remainder after deducting 1.5% of the card commission shall be refunded from the amount of the false settlement to the oil station. ③ When keeping in custody with the cargo purchase card from the borrower, the actual amount of the oil oil or the amount of the payment different from the actual amount of the oil paid, and periodically deducting 1.5% of the card commission from the amount calculated by the specific date.

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