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(영문) 전주지방법원 정읍지원 2018.02.08 2017고단341
사기
Text

A defendant shall be punished by imprisonment for not less than three 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 plant under the trade name of “E” in the former North Chang-gun D.

On March 2010, the Defendant, without any particular examination, expressed a fishing duty-free gasoline card (hereinafter referred to as “Myeon tax-free gasoline”) to a cooperative for the high-speed military industry located in Chang Chang-gun, Chang Chang-gun, Chang Chang-gun, Chang Chang-gun, North Korea, intended to receive tax-free gasoline from the victim to be supplied with tax-free gasoline for personal purposes by using the fact that the victim is entitled to receive tax-free gasoline from the Republic of Korea, without any particular examination.

On March 31, 2010, 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-free duty

However, in fact, 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 was supplied from the injured party, he used only part of it in the drying machine, and the remainder of the duty-free oil was thought to be used in the cargo vehicle used by the Defendant, and there was no intention to

The Defendant acquired tax exemption amounting to KRW 5,876,00 ( KRW 2,812,200, face value) from the injured party on the same day from KRW 5,876,00, and received tax exemption amounting to KRW 4,000 from February 24, 2017, totaling 209,016,000 ( KRW 105,806,40, face value) by the same method as indicated in the list of crimes from February 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to F;

1. A copy of a tax-free supply card for the fishing industry, or a copy of an application for tax-free;

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

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense and Article 347(1) of the choice of punishment (a inclusive:

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