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(영문) 광주지방법원 해남지원 2013.06.05 2013고정53
사기
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

Petroleum products supplied to fishermen through fisheries cooperatives after having value-added tax reduced or exempted pursuant to the Restriction of Special Taxation Act shall be used only for fishing purposes.

Nevertheless, the Defendant: (a) was selected as a vessel subject to the coastal fishery restructuring in 2011, which was conducted by the previous real fishing vessel B (0.91 ton) in the Navy in order to transfer B to the shipbuilding yard selected as a vessel subject to the coastal fishery restructuring in 201, which was conducted in the Navy; (b) was thought to be used as fuel oil when operating B at the former Haan-gun, Gun, Chungcheongnam-gun; and (c) on December 14, 2011, the Defendant acquired tax-free gasoline supplied in the above B for fishery purposes without the intention of using it for fishery purposes; (b) was supplied to a person in charge of the supply of duty-free petroleum in the fish box in the same manner as those of the above 100 liters (193,1816, 1960, 196, 100, 196, 100,000,000,000 won and 16,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Duplicates of tax-free oil supply cards for the fishery, and facsimile copies;

1. Application of Acts and subordinate statutes to the report of investigation (calculated amount);

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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