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(영문) 인천지방법원 2016.04.07 2015고단8055
사기
Text

Defendant shall be punished by a fine of KRW 1,800,000.

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

Reasons

Punishment of the crime

The Defendant is the borrower of an individual cargo vehicle, C is the petroleum retailer operating the “E Gas station” located in Jung-gu Incheon Metropolitan City, and F is the employee of the director’s office in charge of the general affairs of the said E gas station.

In collusion with C and F, the Defendant would receive a subsidy by having the F, etc. pay the subsidy by way of having the F, etc. pay it as if the truck oil would be in transit to the cargo vehicle eligible for the subsidy in a normal manner, such as holding the f, etc. with the f, and manipulating the transaction details.

Around August 2, 2013, at the above E station around 15:44, the Defendant paid gasoline 60.91 liter to the Defendant’s automobile in the Defendant’s car, and the Defendant completed this as if he was limited to the truck (G) entitled to receive the subsidy, the Defendant paid the paid-in welfare card to F et al. so that the paid-in payment can be paid by the subsidy welfare card, and F et al. claimed a paid-in subsidy to the Incheon Central District among the victims by paying the paid-in welfare card.

As such, the Defendant: (a) by deceiving the victim; (b) received the paid amount of KRW 21,050 (60.91liter x 345.54 won) from the victim; and (c) from then on December 6, 2013, from then to December 6, 2013, caused only the transaction details of the subsidy welfare card without actual oil transaction; and (d) by making cash refund of the paid amount of the subsidy; (b) by manipulating the transaction details as if he traded gasoline not eligible for subsidies; (c) by providing oil to ordinary vehicles other than those eligible for subsidies; (d) by settling the paid amount of oil with the subsidy welfare card; and (e) by settling the paid amount of credit until the previous month in collusion with C and C, F, and 48 times in total,631,80 won in total, as if he provided oil to the trucks; and (e) received a delivery of KRW 4,631,800,00 in total.

Summary of Evidence

1. The defendant's oral statement;

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