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(영문) 대전지방법원 홍성지원 2018.06.28 2017고정363
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates an Kim Processing Factory under the trade name of “C” in Chungcheongnam-gun, Chungcheongnam-gun.

When the Defendant presented a victim’s duty-free oil card, etc. to Seocheoncheon-gun, Chungcheongnamcheon-gun, the Defendant received tax-free oil delivery instructions without any particular examination and received tax-free oil from the injured party to use it for other purposes by using the fact that he can be supplied with tax-free oil.

On December 17, 2016, the Defendant applied for a duty-free duty-free duty-free duty-free duty-free duty-free duty-free duty-free duty-free duty-free duty-free duty-free duty-free duty-free duty-free duty-free duty-free duty-free duty-free duty-free duty-free duty-free duty-free employee to be used as fuel for water and dried machines

However, on November 2016, the Defendant was aware that he would use part of the duty-free oil supplied by the injured party at the Defendant’s work site in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do, 2016, for the use of cargo tea fuel, and that he installed a separate discharge pipe in the tax-free oil storage tank and connected hos and jus.

The Defendant received an exclusive card for the purchase of duty-free oil from the damaged party on the same day, and received a tax-free 4,000 litress equivalent to the market price of 4,96,000 litress from the E ship oil reservoir, which is managed by the injured party on the same day, from the time until February 1, 2017, and acquired the above tax-free 480 litres from the supply of 11,496,000 litress totaling the market price of 11,496,000 litress (in face value 5,195,650 litress) for the use of cargo vehicles (F,4.5 metric truck) for which no relevant statute is permitted.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on internal investigation (related to attaching photographs), report on internal investigation (related to attachment as a result of a reply to a request for appraisal of the kind of oil);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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