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(영문) 창원지방법원 2017.08.09 2016고단3929

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 5, 2013, the Defendant concluded that he would supply the victim AW oil station located in AV at Kimhae-si on December 5, 2013, that he would supply the victim AX with light oil 160 drums (total of 32,00 lances per 1 drums and total of 4,060 lums) and gasoline 140 dums (total of 28,00 lums, total of 5,384,00 lums). First, if he pays the oil price of the above 300 dums, he would supply it immediately.

However, the above oil was intended to pay the Defendant's credit amount equivalent to 100 million won against AY, which is the customer of the Defendant, and there was no intention or ability to purchase gasoline and light oil equivalent to 300 drums and supply them to the victim.

Nevertheless, the defendant deceivings the victim as above and received 9,444,00 won of oil from the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against AX;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant statutory provisions of the Criminal Act and Article 347(1)(a) of the Criminal Act regarding criminal facts and the applicable statutory punishment for the selection of punishment: 2.10 million won or more as the base for the reduction of the classification of types of punishment; the recommended sentence that there is no corresponding person for a special sentencing sentencing from October to June 1 of less than 500 million won; from June to June 2 from June 4 to June 6 of 2: (1 year to 4 years): Imprisonment with prison labor for a year and 6 months: The punishment for a year and 1 year: The necessity of serious reflection; reasons for mitigation of non-refluence, etc.: Divorce and separate proceeding [the punishment for a single year];