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(영문) 울산지방법원 2016.12.22 2016고단2867

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On April 15, 2015, the Defendant made a false statement to the victim at the D station operated by the Victim C (the 68-year-old) in Ulsan-gun, Ulsan-gun, Ulsan-gun, U.S. Forest, that “The Defendant would immediately pay the construction cost on credit if the oil is supplied on credit.”

However, at the time of fact, the Defendant continued to be in a state of fitness, and the account was seized due to tax in arrears, and there was no intention or ability to pay the price even if the oil was supplied to others on credit.

Accordingly, the Defendant, as seen above, deceiving the victim and deceiving the victim, from April 23, 2015 to the same year.

7. Until December 27, 200, oil equivalent to KRW 31,922,290 was delivered over 67 times as shown in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on transaction statements;

1. Article 347(1) of the Criminal Act, the choice of imprisonment with labor, inclusive, with respect to the relevant criminal facts;

1. Article 62 (1) of the Criminal Act of the suspended execution (Article 62 (1) of the Criminal Act (see, e.g., the fact that there is a criminal intent to actively obtain deception from the time of supply of oil, or that it is difficult to view that the commission of deception is strong, that the defendant actively expresses his/her intent to repay damage