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(영문) 대전지방법원 홍성지원 2015.04.10 2014고단798
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On Oct. 1, 2010, the Defendant stated that “E station” operated by the victim D in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, that “The Defendant participated in the F Corporation and transported sand with a dump truck,” and that “the Defendant supplied dump oil to settle the monthly oil value as paid by the construction company.”

However, under the circumstances where the Defendant had a debt of approximately KRW 200 million at the time, the Defendant obtained loans of KRW 100 million in total to participate in the FF, and purchased three dump truck with three dump truck, the Defendant paid approximately KRW 10 million with the principal and interest of the monthly interest and the insurance premium only for each month. Other than the truck repair cost, approximately KRW 10 million for the truck driver’s salary, approximately KRW 8 million for the truck driver’s salary, approximately KRW 50 million for each month, including KRW 20 million for the truck driver’s salary, and KRW 20 million for the truck driver’s salary, but only KRW 50 million for the truck driver’s salary. However, there was no intention or ability to pay the price normally even if the Defendant was supplied with oil from the victim.

As such, the Defendant, by deceiving the victim, was supplied with a total of KRW 80 million from November 201 to May 201, 2012 by the victim, and by paying only KRW 55 million among the oil, acquired by defrauding the victim the amount of KRW 24.5 million at the market price.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Statement made to D by the police;

1. Two copies of the data on details of expenditure, such as specifications of transactions, documents on adjudication of bankruptcy, copies of bankbooks, etc. and the details of loans;

1. Application of Acts and subordinate statutes to investigation reports (report on details of F revenue monthly);

1. Examining the applicable provisions of Article 347(1) of the Criminal Code for the criminal facts in the indictment, the prosecutor appears to have prosecuted the crime in the instant case as substantive concurrent crimes, but the same is the same as the victim and the defrauded, the criminal intent of deception, the form of deception, and the contents of the disposition of disposal, and each crime is not specified.

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