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(영문) 부산지방법원 2013.12.05 2013고정4976
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the owner of the Gangseo-gu, Busan, an inland self-fishing vessel B (0.77t, an outboard vessel, and 55 E) of the inland sea.

The owners of inland-water fishing vessels are supplied with duty-free petroleum at a price lower than the actual departure and operation of the city in the nearby gas stations by submitting the ship documents (ship certificate and fishery permit certificate) registered with the Gangseo-gu Office, the competent administrative agency in Busan, Busan, which was for fishing operations. However, the owner of the inland-water fishing vessels did not verify whether the procedure for supplying duty-free petroleum was actually departure and operation of the ship owned by the Defendant. The owner of the inland-water fishing vessels attempted to acquire tax-free petroleum after being supplied with duty-free petroleum, regardless of the absence of the fact that the ship was operated by entering and leaving the ship owned by the Defendant.

On January 11, 2011, the Defendant filed a false departure report with C fishing village fraternity as if he/she had been engaged in fishing operation after departing from the above B, and received a “tax-free petroleum delivery order” from the person in charge of CFF, and then submitted a “tax-free petroleum sales order,” and then, presented a written order for delivery of tax-free petroleum and a card for purchase of tax-free petroleum to DF’s employees designated as sales stores of tax-free petroleum. As if the agricultural cooperatives met the tax-free petroleum payment standards, the Defendant was supplied with 10-liters of tax-free gasoline as if he/she were supplied with 100-liters of tax-free gasoline as if he/she met the tax-free petroleum payment standards, and used it as the agricultural machinery and vehicle fuel oil owned by the Defendant as well as using it as 123 times in total as between January 11, 2011 and May 29, 2013 in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of police interrogation protocol regarding E, and fishermen who own fishery rights of each inland water;

1. A copy of a tax-free petroleum supply card for the fishery, a copy of a certificate of entry, a copy of a tax-free petroleum management ledger, and a copy of a tax-free petroleum purchase card;

1. The investigation report (the confirmation of the monthly tax base of taxable oil);

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