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(영문) 수원지방법원 여주지원 2015.05.27 2015고단295

사기

Text

Defendants shall be punished by imprisonment for one year and six months.

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

Reasons

Punishment of the crime

Defendant

A is a person in charge of duties, such as the issuance, examination, and disbursement resolution, in relation to the purchase of oil at the Gyeonggi Medical Center (hereinafter “Medical Center”) located in Leecheon-si from September 2006 to March 2014, the Gyeonggi Medical Center (hereinafter “Medical Center”), and Defendant B is a person who operates the (Joint) E station located in D (hereinafter “B”).

The Defendants are ambiguous to obtain money equivalent to the difference by filing a false claim for excessive or false amount of heating oil supplied to the victim medical center, and Defendant A received money equivalent to the difference from the above medical center around October 2006. Although Defendant B supplied oil equivalent to KRW 1,649,70 on September 31, 2006, Defendant A drafted a false disbursement resolution as if he provided the oil equivalent to KRW 1,649,70 on September 31, 2006, and made the reliance financial officer to deposit KRW 1,649,700 on October 31, 2006 to deposit money of KRW 1,269,00 in the Defendant’s Nonghyup Bank’s deposit account, and the Defendants conspired from that time to March 31, 2014 by obtaining more than KRW 156,75,789 on a total amount of more than KRW 333 times in the same manner as the attached list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement of F and G;

1. A written accusation;

1. Current status of heating oil supply and purchase, request, etc. for gas stations, detailed statement by customer, such as purchase and disbursement resolution, etc., sales ledger of gas stations, copies of sales ledger of gas stations, copies of books of actual gas supply of gas stations, documents on a hospital's self-inspection and disposal, details of purchase of gas stations, heating oil disbursement documents, Nos. 2, and general list of the total amount of oil purchased at e.g. hospitals;

1. Application of Acts and subordinate statutes to report investigation (reports to repreparation a list of crimes);

1. Articles 347(1) and 347(1) and 30 of the Criminal Act and the choice of imprisonment

1. Defendants on probation: Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment].