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(영문) 전주지방법원 정읍지원 2018.02.08 2017고단342

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates an Kim processing plant under the trade name of “E” in the former North Chang-gun D.

On November 2010, the Defendant presented a certificate of duty-free gasoline (hereinafter referred to as “Myeon tax-free gasoline”) for the fishery industry cooperative located in the Go Chang Chang-gun, Chang-gun, Chang Chang-gun, Chang Chang-gun, North Korea, to use the fact that the Defendant, without any particular examination, can be supplied with duty-free gasoline from the victim to the Republic of Korea and can be supplied with duty-free gasoline for personal purposes by receiving the duty-free gasoline from the victim.

On November 30, 2010, the Defendant presented tax-free cards to the effect that “The Defendant would supply the 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

However, in fact, the Defendant had installed and operated the electric drying machine in the above Kim Processing Factory at that time, even if the need to use the electric drying machine was significantly decreased and the need to use the duty-free oil was supplied from the injured party, he used only part of it in the drying machine, and the remainder of the duty-free oil was thought to be used in the cargo vehicle used by the Defendant, and there was no intention to

The Defendant acquired tax exemption amounting to KRW 12,144,00 ( KRW 6,100,400) of KRW 12,140,00 on the same day from the injured party, and acquired tax exemption amounting to KRW 8,000 in total from around April 7, 2017 by the same method over 59 times, as shown in the separate crime list, from around April 7, 2017, the Defendant acquired tax exemption amounting to KRW 412,547,00 ( KRW 214,702,050).

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to F;

1. A copy of a tax-free oil supply card for the fishery, or a copy of an application for tax-free oil;

1. Application of Acts and subordinate statutes to a report on investigation (the date and time of crime and specified amount of flight);

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.

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