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(영문) 부산지방법원 2016.04.20 2016고정831
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

In order to use them for purposes unrelated to fishery activities, such as agricultural machinery fuel, the defendant has received false certificates of withdrawal from fishery business and acquired them by supply.

On February 25, 2014, the Defendant filed an application for supply of 100 liters of the duty-free fishing duty-free fishing vessel by submitting a false fishing certificate stating as if the Defendant had not been released by using D (0.86 tons, 90 Macs, and outboard fishing vessel) a fishing vessel owned by Gangseo-gu, Busan.

As such, the Defendant, by deceiving the victim, acquired tax exemption amounting to KRW 198,827,00 at the market price from the victim, and acquired it through supply of KRW 100,00,00 from February 25, 2014 to July 29, 2015, and acquired it through supply of KRW 4,756,217, a total market price of KRW 4,756,217 through 26 times, as described in the attached list of crimes, from February 25, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to E;

1. The current status of receipt of duty-free petroleum for agriculture, copies of order for release, copies of certificate of release D, the total issuance status of A-free petroleum, and the application of statutes on copies of certificate of shipment;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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