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(영문) 의정부지방법원 2016.11.24 2015고정2711
여신전문금융업법위반등
Text

The defendant shall be innocent.

Reasons

1. The Defendant in the facts charged is a person operating a “F” station for the purpose of petroleum retail business in Eastcheon-si; G is a H truck driver; and I is a J truck driver.

Using the fact that the Defendant operated the aforementioned “F” station, the Defendant conspireds to acquire oil subsidies by receiving a request from G and I, a cargo owner, to make a false settlement of oil payment with a cargo welfare card as if the amount actually paid is larger than the actual amount of limited liability, and then accepting such request. A.

As a result, the Defendant and G co-principal committed a common crime, at the “F” station on February 5, 2014, G, even though G was paid only KRW 350,00,000 via his H vehicles, the Defendant issued a credit card sales slip with a limited liability of KRW 420,00,000, and then returned the difference of KRW 70,000 to G’s personal vehicle volume. At that time, G was paid KRW 80,715 as a fuel subsidy to its account under the name of Guro-gu, which was believed to have a limited liability of KRW 420,00 in fact.

The Defendant, in collusion with G, received fuel subsidies of KRW 9,987,907,907 from the above date and time to December 30, 2014, in total, 196 times as shown in attached Table 1 and 2 of the G Crime List.

B. Following the Defendant and I’s co-principal conduct, the Defendant: (a) paid 500,000,000 won via his J-vehicles to the F station on January 2, 2014; and (b) issued a credit card sales slip by paying 800,000 won to the F station; (c) the difference was 300,000 won by paying 80,000 won to the I’s personal car volume; and (d) around that time, I believed that the Defendant would actually bring 80,000 won to the Defendant’s personal car volume.

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