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(영문) 전주지방법원 2018.07.19 2018고단963
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] On April 8, 2015, the Defendant was sentenced to one year of imprisonment for a violation of the Petroleum and Petroleum Substitute Fuel Business Act in the Military Accounting Support of the Jeonju District Court on April 8, 2015, and six months of imprisonment for embezzlement at the Jeonju District Court on June 17, 2016, and completed the execution of the said sentence at the Military Accounting Prison on October 7, 2016.

Meanwhile, on the other hand, the Defendant was sentenced to six months of imprisonment for fraud at the Jeonju District Court on February 7, 2018 and the judgment became final and conclusive on June 1, 2018, but the date and time of the final and conclusive judgment is a crime committed on or around December 10, 2014.

Therefore, since the crime of this case and the crime of the above final judgment can not be judged at the same time, it does not constitute concurrent crimes.

[Criminal facts]

1. On September 8, 2017, the Defendant, against the victim C, supplied the victim C with cash at the D office located in Ansan-si, Ansan-si on September 15, 2017, with cash 60,000 liter via the face of the week.

“The purport was to the effect that “.....”

However, the defendant did not have the intention or ability to supply transit even if he received cash from the injured party.

As such, the Defendant, by deceiving the victim, received the cash amount of KRW 62.7 million from the damaged person as the transit price, and acquired it by deceit.

2. On September 8, 2017, the Defendant against the victim E may supply cash to the victim E, who works for oil transport in G oil stations located in G oil stations in the wife population F at Young-si on September 16:38, 2017.

“The purport was to the effect that “.....”

However, the defendant was not the president of the above gas station, and there was no intention or ability to supply oil even if he received cash from the victim.

As such, the Defendant, by deceiving the victim, received the cash amount of KRW 97 million from the damaged person for the compensation of oil, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer for C, E, H, and I.

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