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(영문) 전주지방법원 정읍지원 2018.02.08 2017고단343
사기
Text

A defendant shall be punished by imprisonment for four 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 November 201, the Defendant presented the fishery-free gasoline card (hereinafter referred to as “Myeon tax-free gasoline”) to the Ansan Fisheries Cooperatives located on the west side of the Northwest-gun, the Defendant used the fact that, without any particular examination, the Defendant would be able to receive the duty-free gasoline from the victim to receive the duty-free gasoline supply from the Republic of Korea and use the fact that the Defendant would be able to receive the duty-free gasoline supply from the victim for personal use.

On November 1, 201, 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 received tax-free 8,00 L equivalent to KRW 14,304,00 on the same day from the injured party, and from that time, from March 21, 2017, the Defendant acquired tax-free 136,00 L equivalent to the total market price of KRW 207,848,000 on 17 occasions, 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. Data on the supply of tax-free petroleum for fisheries;

1. Application of Acts and subordinate statutes to a report on investigation (specific amount of damage);

1. Relevant Article of the Act and the choice of punishment for the crime;

1. Article 347 of the Criminal Code applicable to the crime and Article 347 of the choice of punishment (as a whole, the choice of imprisonment with prison labor).

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