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(영문) 부산지방법원 2018.07.26 2018고단1714
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the E-company with the head office in Busan Dong-gu C building D.

The Defendant purchased at least 25 to 30% of the J unit price, as well as at least 25 to 1,532 tons of oil tanker I (1,532 tons) from F and G (the actual operators H), a petroleum supplier company.

On March 8, 2010, the Defendant purchased oil at a lower price than the arm’s length price and submitted a false request for a subsidy to the public official in charge of the fact that the oil was purchased at a lower price than the latter oil, but the Defendant purchased oil at a normal level in the previous case of the Busan Regional Port Authority located in the Busan Regional Port Authority located in the Dongcheon-dong-gu Busan Regional Port Authority, Busan, and that the oil was purchased at a higher price than the price actually paid.

On March 8, 2010, the Defendant, by deceiving the public official in charge as above, filed an application for subsidies of KRW 15,021,120,00 with the head of the victim's Busan Regional Port and Port on March 31, 2010.

4. From that time to September 7, 2012, including the receipt of the same amount of oil equivalent to the same amount of subsidies throughout 16. From that time, a false application for oil subsidies was made 11 times in total as shown in the list of crimes in the annexed sheet, and received a total of KRW 140,080,806 from that time.

As a result, the defendant acquired the property of the victim and received the subsidy by false application or other unlawful means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect by the prosecution against the defendant and H;

1. Statement made by each prosecutor with respect to K and H;

1. A certificate;

1. Protocol of examination of a witness (L);

1. Calculation of the amount of corporate tax evaded, details of operating expenses and books, investigation reports (Attachment to all M-registered certificates), investigation reports (Attachment to J oil supply unit price table), investigation reports (E-stock company).

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