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(영문) 인천지방법원 2015.09.17 2014고정2035
사기등
Text

Defendant

A and C shall be punished by a fine of KRW 1,000,000, and by a fine of KRW 3,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a borrower of G5 tons cargo, and Defendant B is a proprietor operating the “I gas station” located in Seo-gu Incheon, Seo-gu, and Defendant C is an employee of the said I gas station.

1. The Defendants’ co-principal (Violation of the Act on Fraud and Subsidy Management) knew that the Minister of Land, Infrastructure and Transport grants fuel subsidies of 334 won per liter of the victim with regard to the transit used for the business truck. Defendant A, an employee, in purchasing via the oil purchase card (welfare card) from Defendant C, an employee of the said “I gas station” operated by Defendant B, intended to pay the remainder after deducting the fee of 10% from the difference in cash and receive the corresponding fuel subsidies in cash at the same time. Defendant B, and C, even with the knowledge of such circumstances, intended to take part in the crime by issuing false credit card sales slips in order to promote business profit.

around July 23, 2013, the Defendants: (a) paid via the Defendant’s G cargo vehicle at the “I gas station” as of July 23, 2013; (b) paid KRW 2,50,000,000, different from the actual paid amount by using KB credit card (J), which is the oil purchase card of Defendant A; (c) paid KRW 50,000,000 after subtracting 10,000,000 from the difference; and (d) paid KRW 51,237,00,000,000,000, which is a fuel card settlement amount of KRW 2,00,000,000,000, which is a fuel subsidy for the difference between the actual paid amount of KRW 2,000,000,000,000,000,000,000,000 won - KRW 51,51,237,000.

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