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(영문) 인천지방법원 2016.02.15 2015고단7951
사기
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendants are individual cargo vehicle owners, and C is a petroleum retailer operating the “E Gas station” located in Jung-gu Incheon Metropolitan City, and F is an employee of the director in charge of the general affairs of the said E stations.

The Defendants conspired with C, F, etc. to pay the F, etc. a subsidy by having the aforementioned F, etc. pay as if they wanted to pass through the freight vehicle eligible for the subsidy in a normal manner, such as creating a freight-free subsidy welfare card, and manipulating the details of transactions.

1. On January 12, 2013, Defendant A: (a) around January 16:25, 2013, Defendant A paid the Defendant’s oil to the freight truck (G) subject to subsidies until before 267.98liters in credit in the preceding E gas station; (b) Defendant A paid the F, etc. to make a false payment of the subsidy welfare card in lump sum as if the aforementioned day was limited to the same day at once; and (c) Defendant A, etc. paid the oil welfare card to the Incheon Jung-gu.

As such, the Defendant, as indicated in the crime list [Ⅱ] from April 8, 2015, caused only the transaction details of the subsidy welfare card without actual oil transaction, and paid the amount of paid subsidies in cash, as stated in the following crime list (Ⅱ) from the time when he was paid the amount of paid subsidies from the injured party (267.98liter x 345.54 won) by deceiving the injured party as above, and thereby, took place the method of manipulating the transaction details as if he traded gasoline that is not eligible for the payment of subsidies in cash, and if he traded it with light oil that is not eligible for the payment of subsidies, he provided oil to a general vehicle that is not eligible for the payment of subsidies, the method of settling the transaction details as if he provided oil to the passenger vehicle with oil to pay with the subsidy welfare card, and that he paid credit to the previous month by settling it with the subsidy welfare card by way of settling it with the subsidy welfare card by the next month, and acquired the amount of paid KRW 7,354,910 through seven times.

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