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(영문) 대전지방법원 논산지원 2018.02.20 2017고단430
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person operating a gas station under the trade name of D gas station in Seosan-si, E, F, G, H, I, J, K, K, L, M, N,O, P and twelve persons are cargo owners engaging in transportation business using cargo vehicles registered with the competent authorities on the same day.

In accordance with Article 43 of the Trucking Transport Business Act and the Subsidy Management Regulations (Public Notice No. 2015-265 of the Ministry of Land, Infrastructure and Transport No. 2015), local governments set the limit of the amount of oil paid every month with the financial resources for the trucking business operator to alleviate the cost of oil for the trucking business operator, and then issue one oil purchase card per trucking freight registered by the trucking business operator to the trucking business operator as a result of deducting the amount of oil tax (183.21 won per liter) as of June 2001 from the current amount of diesel oil tax.

As above, a cargo borrower who has received an oil purchase card from a local government shall not make an act of paying an oil purchase card on a vehicle other than the motor vehicle registration number marked on the oil purchase card, an act of paying an oil purchase card on a vehicle other than the motor vehicle registration number marked on the oil purchase card, or an act of paying an oil purchase card in a lump sum without paying a balance of transaction details at each time of oil, and a truck shall not make an act of paying an oil purchase card later in a lump sum without paying a balance. Article 28 of the Subsidy Management Regulations, Article 28 of the Subsidy Management Regulations, the name of the beneficiary, the date and time, place, the main oil flow, the unit price, and the amount of oil paid by the beneficiary of the material proving the purchase of oil and the number of the beneficiary of the material proving the purchase of oil shall coincide with each other, but a truck truck borrower under Article 6 of the Subsidy Management Regulations may receive a subsidy.

Nevertheless, the above cargo owners are holding oil purchase cards issued by each local government, and they are limited to the cargo registered in the oil station operated by the defendant.

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