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(영문) 부산지방법원 동부지원 2015.01.22 2014고정765
사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person entrusted with D Trucking Transport Business.

Trucking oil cost subsidies are "subsidies to link truck oil taxes" that subsidize all or part of the increase in the oil tax due to the restructuring of energy tax in 2001, which are paid by the competent authority with the motor vehicle tax revenue for driving motor vehicles imposed under the Local Tax Act. In using the oil purchase card, it shall not be done through abnormal distribution channels, such as using illegal mobile oil stations or purchasing illegal oil.

Nevertheless, on September 3, 2012, the Defendant purchased fake petroleum products of KRW 1,630 per 1 liter from “ homero” vehicle operated by E, a mobile-type vehicle located in the Seocho-dong, Busan, and settled KRW 477,00 with an oil purchase card as if he purchased a normal transit product of KRW 1,798 per 1 liter, paid KRW 47,00,000 with an oil purchase card. Accordingly, the Defendant, as indicated in the attached list of crimes, had the head of the relevant administrative agency, Busan, the Busan, the Busan, the Maritime Affairs and Fisheries Office, pay KRW 91,668 as a credit card company for the payment of KRW 91,68,00 of the oil price, thereby acquiring financial benefits equivalent to the above amount.

Summary of Evidence

1. Domestic investigation report-a copy of the card of suspected suspect shall be attached;

1. Application of the police interrogation protocol to E;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Penalty of one million won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act (the daily calculation amount: 100,000 won);

1. Article 59(1) of the Criminal Act provides that the price provided by the Defendant does not significantly vary from the market price, and acquires it by deception as well as substantial profits that the Defendant has gained.

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