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(영문) 수원지방법원 성남지원 2016.05.26 2016고단145

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the actual operator of the company B in Gwangju City.

1. On May 26, 2014, the Defendant visited Gwangju City D Victim E to supply 5 passenger cars with oil for a period of one year (light oil filling) to the five passenger cars belonging to the Corporation. On May 26, 2014, the Defendant: (a) drafted a fuel supply contract on the terms and conditions that pay large pay by the end of each month and by the 10th day of the following month; (b) additionally required to pay 11 passenger cars until July 2, 2014 from the beginning of G on May 27, 2014, the Defendant did not have the ability to pay for 11 passenger cars until July 2, 2014; (c) other than a vehicle belonging to a legal entity; and (d) the I individual cargo transportation business (business) whose fuel expenses are subsidized by the State, with knowledge that it would make payment to the victim at once; and (d) provided the victim with oil even if he did not know that he did not have the ability to pay it.

Nevertheless, the defendant, for the same period, did not pay 8,437,602 won for oil supplied to 11 cargo vehicles, such as the list of crimes in attached Form (1).

2. The defendant 1 issued tax invoices for the transportation and transportation of cargo to the victim L, who is a cargo driver, a cargo driver, through K (wing 3) operated for smooth distribution of cargo at around the same time as the above 1-month period, he/she will pay the transportation cost in lump sum after one month.

In addition, the victim L et al. did not pay 2,335,00 won for the transportation of cargo to 4 other than the victim, such as the attached list of crimes (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E or L;

1. Each complaint;

1. A fuel supply contract for vehicles, and details of oil supply for each vehicle;

1. Application of Acts and subordinate statutes on tax invoices;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;