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(영문) 부산지방법원 2013.11.21 2013고정4747
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the owner of Gangseo-gu, Busan Metropolitan City Inland Water G (0.84t, an outboard machine, and 85 E).

The owners of inland water fishing vessels are provided with duty-free petroleum at a price lower than the market selling price in the nearby oil stations by submitting a ship certificate (ship certificate and fishery permit certificate) registered with the office of Gangseo-gu, the administrative agency having jurisdiction over the Busan Sea Cooperative's Nakdong-dong Branch for fishing operation. However, in fact, although the procedure for supplying duty-free petroleum does not confirm the actual departure and operation of the ship, those who owned the inland water fishing vessels did not intend to receive tax-free petroleum and take it by fraud, despite the absence of the fact that they operated the ship by departing from and departing from the ship owned by the Defendant.

On March 3, 2010, the Defendant filed a false departure report with D fishing village fraternity as if he/she had been engaged in fishing operation after departing from the port and filed a false departure report with D fishing village fraternity. After having submitted the report document to the person in charge of the operation of Friju Oil located in Busan East-gu branch, which was designated as the selling place for duty-free petroleum, submitted the order for delivery of duty-free petroleum and the purchase card for duty-free petroleum, and then acquired tax-free petroleum as if he/she met the tax-free petroleum payment criteria for the fishery at the point of the Busan East East-gu, Busan, as if he/she met the duty-free petroleum payment criteria for the fishery at the point of the Busan East East-gu, the Defendant supplied 10-liter of duty-free gasoline and used it as vehicle fuel oil by the same method five six times in total from March 3, 2010 to January 23, 2013, and acquired tax-free petroleum (10,782,503 won).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a copy of the monthly work book (from April 2010 to April 2013), a copy of the confirmation of visit, and a copy of the investigation report (the confirmation of monthly rent of taxable oil);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse;

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