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(영문) 전주지방법원 정읍지원 2018.02.08 2017고단301

사기

Text

A defendant shall be punished by imprisonment for six 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 Factory with the trade name of “E” in the former Northwest-gun D.

On January 2012, the Defendant presented the fishery-free gasoline card, etc. (hereinafter referred to as “Myeon tax-free gasoline”) to the Ansan Fisheries Cooperatives located in the west-gun, North Korea, 2012, using the fact that, without any particular review, the Defendant would be able to receive the duty-free gasoline from the victim to be supplied with the duty-free gasoline, etc., by using the fact that the Defendant may receive the duty-free gasoline from the victim to be supplied with the duty-free gasoline for personal purposes.

On January 18, 2012, the Defendant presented a tax-free card 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-

However, 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 in the drying machine was supplied to the injured party, he used only a part of it in the drying machine, and there was no intention to use it in the entire Kim Processing Factory Facilities.

The Defendant received tax-free 8,00 L equivalent to 14,440,000 won at the market price on the same day from the injured party, from that time, from that time to March 16, 2017, the Defendant acquired tax-free 272,000 L equivalent to the total market price of 437,60,000 won at 34 times, such as the list of crimes in the attached list.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to F;

1. A protocol of seizure and a list of seizure;

1. A duplicate, etc. of tax-free oil supply cards for the fishing business;

1. The investigation report (as to the calculation of the amount obtained by deceitation)

1. Application of Acts and subordinate statutes on internal investigation reports (the date of crime and the amount of flights);

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

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