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(영문) 서울동부지방법원 2016.10.26 2015고정114

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a petroleum sales agency C.

On September 24, 2014, around 13:14, the Defendant received a request from F, the manager office of Bupyeong-gu Incheon Metropolitan City, to supply an annual gasoline of KRW 20,000,00 per liter to KRW 1,635 won per liter.

However, in fact, the victim I operating G gas stations and H gas stations, including the above E gas stations, supplied 37 million won oil to the victim I on credit on September 4, 2014, but did not receive the price. Therefore, the victim received money from the victim as oil price, and there was no intention to supply oil even if he/she received the money from the victim, because he/she did not want to offset the amount of money by 37 million won.

The Defendant, as above, by deceiving F, received 32.7 million won from the account of the victim of the E-ownership station to the deposit account of Han Bank Co., Ltd. in the name of oil price.

Accordingly, the defendant was given property from the victim by deceiving F.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. The police statement concerning F;

1. Application of statutes, such as business registration certificate and copy of passbook;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;