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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant, who is engaged in fishing fishing by using C (7.93 tons) owned by the Defendant in the Southern-Gun B, was unable to meet the qualification requirements for the supply of duty-free petroleum for fishing (a person whose annual sales of fishery products through fishery management is at least 1.2 million won, or who is engaged in fishing for at least 60 days a year) but did not meet the requirements for the supply of duty-free petroleum for fishing, and used for fishing fishing by receiving tax-free petroleum from a fisheries cooperative to use it for fishing fishing operation.
On January 24, 2013, the Defendant submitted a tax-free petroleum card and ex-factory order to C, etc. to the employees in charge of the victim’s duty-free oil, who met the requirements for the supply of exempted petroleum for the fishery business, and carried out as if they were to be used for the fishery operations at the point in the Sinan-gun, Nananan-gun, Nanan-gun, Nanan-gun, Nanan-gun, the Defendant: (a) supplied KRW 8,000 (8,000 via 13,968,000) to the victims of the damage; and (b) received KRW 6,101,200,000 from the victims of the damage to March 9, 2015, the Defendant acquired property profits equivalent to KRW 16,515,505,000,000 in total from March 16, 2015, as indicated in the separate crime list.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. The application of Acts and subordinate statutes governing the supply of tax-free oil to fishing vessels by fishing business operator, duplicate of fishing-free oil supply cards by fishing business operator, details of entry into and departure from C, confirmation of whether fishing operations are carried out, records of trade of fishery products, guidelines for tax-free oil supply of fishing vessels by fishing business operator, departure from each vessel, confirmation of entry into and departure from each vessel, confirmation of the fact of entry into and departure from each vessel (individual), list
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. The former part of Article 37 of the Criminal Code, and Article 38.