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(영문) 의정부지방법원 2016.11.18 2016고단4105
사기등
Text

Defendant

A, C, and D shall be punished by imprisonment for 8 months, and by imprisonment for 10 months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A and D co-principaled Defendant A operated a Friju station in both weeks from April 2014 to December 2014, 2014, and Defendant D served as the head of the management office of the said station for the said period.

On December 2, 2014, the Defendants: (a) induced cargo transport service customers by attracting cargo transport service customers by having them pay fuel subsidies equivalent to the excess oil amount to a cargo transport service provider; and (b) recruited seven freight carriers to receive fuel subsidies by the said method. Around December 2014, the Defendants recruited to receive fuel subsidies.

The Defendants, on December 23, 2014, paid the difference of H 17 tons of cargo operated by G, which is a cargo carrier, by credit card (oil purchase card) presented by G as if he/she had paid the difference of KRW 50,00,00 in excess of KRW 316,80,000, even though he/she paid the difference of KRW 266,80,000, and he/she received the payment of KRW 11,500 for the above excess amount of KRW 50,000 (=the amount of cash refund)/1,500 (the average oil price) x 345 (liter's fuel subsidy).

From around that time to December 31, 2014, the Defendants conspired with the total seven cargo carriers, by deceiving the competent authorities as above, and forcing seven persons, such as G, etc. to illegally supply and demand the total of KRW 338,951 on 19 occasions as shown in the attached list of crimes (Defendant A and D).

B. Defendants in violation of the Specialized Credit Financial Business Act shall make a joint and several payment with a credit card (oil purchase card) presented by G as if they were with limited liability of transit equivalent to KRW 316,800,00 in excess of 266,80, and return the difference of KRW 50,000 from around that time to December 31, 2014, as shown in the separate sheet (Defendant A and D) of the crime committed in the above manner, in total 5,02.

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