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(영문) 부산지방법원 2013.12.23 2013고정4941
사기
Text

The pronouncement of sentence shall be suspended.

Reasons

Punishment of the crime

The defendant is the owner of Gangseo-gu Busan, Busan, a fishing vessel for gathering shellfish of inland fish (0.85 tons, an outboard vessel, and 55 miles).

The owners of inland-water fishing vessels were supplied with duty-free petroleum at a price lower than the market price at the nearby gas stations with a purchase card of duty-free petroleum when submitting ship documents (ship certificate and fishery permit certificate) registered with the office of Gangseo-gu, the administrative agency having jurisdiction over the Busan Sea Cooperative point, for fishing operations, but the management of the inland-water fishing vessels was insignificant, such as not verifying whether the procedure for supplying duty-free petroleum was actually departing from port and fishing operations, and the fact was not proven, despite the fact that the ship owned by the Defendant was operated by entering and departing from the ship to the ship owned by the Defendant, they were supplied with duty-free petroleum and taken it by fraud.

Accordingly, on January 4, 2011, the Defendant filed a false departure report with D fishing village fraternity as if he/she had been engaged in fishing operation after departure from the port and on April 25, 201, and received a “written order for delivery of tax-free petroleum” from a person in charge of tax-free petroleum located in Busan Gangseo-gu, which was designated as a store of tax-free petroleum, by submitting a written order for delivery of tax-free petroleum and a card for purchase of tax-free petroleum to the F station located in Gangseo-gu, Busan, as if he/she met the tax-free petroleum payment criteria for the fishery at the point of Busan East East-gu, Busan, which was supplied with 100 liters and owned by the Defendant as if he/she met the tax-free petroleum payment criteria at the point of tax-free petroleum located in Busan, and then acquired tax-free petroleum as listed in the attached Form “the list of crimes” in the same manner between January 4, 2011 and April 25, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A copy of the certificate of entry and departure;

1. Copies of tax-free petroleum supply cards for the fishing business;

1. A report on investigation;

1. A report on internal investigation:

1. Application of C and Simple warehouse photographs Acts and subordinate statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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