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(영문) 창원지방법원 진주지원 2020.06.17 2019고단1418
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 29, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for 4 months at the Suwon District Court for fraud, and the judgment was finalized on October 17, 2017. On August 23, 2018, the Defendant was sentenced to four months imprisonment with prison labor for the same crime in the Sungnam Branch of the Suwon District Court for the same offense, and the judgment became final and conclusive on August 31, 2018.

From August 2015, the Defendant worked for the company C (hereinafter referred to as “C”) located in Sungnam-si Division B (hereinafter referred to as “C”) in Sungnam-si.

The victim D worked as F employee in Kimhae-si by December 31, 2015, and was transferred to and owned by the victim G Co., Ltd. (hereinafter “G”), the owner at the time of the above gas station on January 1, 2016.

On November 2015, 2015, the Defendant listened to the horses that “H, a staff member working in F from F as a warden, would be able to supply oil from F to F,” and it was difficult for F, as if the Defendant would have had F, sold F’s oil to other gas stations, by deceiving H, and receiving the price, to have him left.

On November 24, 2015, the Defendant retired from office on or around November 24, 2015, but H went as if he continued to attend C, and h was born.

1. Around November 26, 2015, the Defendant involved in the fraud related to the victim G and the victim D counterpart, saying, “I must make the budget of H at the end of year.” On the other hand, F would prepare a statement of transaction and a request for oil supply as if transit was supplied to C from F, and the transit would be sold to other gas stations. The latter would be able to receive the payment from C on the basis of a statement of transaction and a request for oil supply.”

However, the Defendant was not a C’s employee at the time of the foregoing circumstance, and H was scheduled to use the proceeds received by selling the transit to another gas station for personal purposes, and there was no intention or ability to make the payment later from C.

Nevertheless, the defendant is above.

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