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(영문) 대전지방법원 서산지원 2015.11.27 2015고단107
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around February 3, 2013, the Defendant committed the crime against the victim C made a false statement to the victim at the “E” station operated by the victim C at the time of Jinjin-si, stating that “E will supply oil to the outside and pay it by receiving a transport charge on the face of the week.”

However, in fact, the defendant did not have any intention or ability to pay oil to the victim even if he was supplied with oil on credit because the defendant did not have a regular transportation income at the time and it was difficult for the defendant to fully repay his obligation such as cargo rent, loan

Nevertheless, the Defendant, by deceiving the victim as above from the above date to January 23, 2014, received a total of 21,791,508 won from the victim 50 times as shown in the annexed Table 1.

2. Around October 13, 2013, the Defendant made a false statement to the victim F that “I will supply oil to the outside and pay it by receiving the prime transport fee,” at the oil station operated by the victim F in G at the time of J, the Defendant committed the crime against the victim F.

However, in fact, the defendant did not have any intention or ability to pay oil to the victim even if he was supplied with oil on credit because the defendant did not have a regular transportation income at the time and it was difficult for the defendant to fully repay his obligation such as cargo rent, loan

Nevertheless, the Defendant, by deceiving the victim as above, received a total of 15,900,521 won from the victim at the above gas station from the above date to December 26, 2013, as shown in attached Table 2.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the police statement protocol to C and F

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of recommending punishment) of the suspended sentence.

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