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(영문) 광주지방법원 2014.08.14 2014고정774

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant had no intention or ability to pay the price even if the Defendant purchased gasoline and diesel credit from the “D gas station” operated by the Victim C from October 1, 2013 to December 18, 2013.

However, by stating that “B would pay oil to B on credit on or around the 15th day of each month in the high seas” to the above victim, the Defendant obtained a total of KRW 10,088,808, including gasoline and diesel from October 1, 2013 to December 18, 2013 from the above victim who believed it, and acquired it by means of credit.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to investigation reports, three simplified tax invoices, and a detailed statement of payment for A transportation charges;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;