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(영문) 대구지방법원 서부지원 2013.09.04 2013고정412
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The co-suspects, including the Defendant, were owners of trucking vehicles, using the fact that fuel subsidies are provided to the trucking vehicles. On the actual basis of the fact that the trucking vehicle would actually receive fuel subsidies, they would receive fuel subsidies by applying for fuel subsidies from N, etc., such as the GIC in Seogu, Daegu-gu, Daegu-gu, the D parking lot in Seogu, Daegu-gu, Daegu-gu, and the F plant in Seogu, Daegu-gu, and the H plant garage in Daegu-gu, Daegu-gu, and the H plant garage in the same Gu-gu, G from N, etc., which is a “durler” operating the Jilri-gu, Jilri-gu, Daegu-gu, Jilri-gu, I, L, and M tank-based vehicle.

From December 2, 2010 to September 24, 201, the Defendant: (a) as a borrower of a cargo vehicle with 8 tons of O-eight tons, had the employees in charge of each bank apply for the payment of the fuel subsidy to the new bank and the national bank in the amount of KRW 59,006,00 in total from the tank 170 times in the operation of Jju station; and (b) paid the sum of KRW 59,000 in the Jju station oil purchase card (P) and the national bank oil purchase card; and (c) there is no legitimate authority to receive the fuel subsidy; (b) however, as if there is a legitimate authority to receive the fuel subsidy, each bank has the employees in charge of each bank apply for the payment of the fuel subsidy to the new bank and the national bank in the amount of KRW 8,308,012 in total as stated in the attached Table 11 (11). The Defendant acquired the same amount of property benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness N's statutory statement;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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