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(영문) 부산지방법원 동부지원 2017.10.26 2017고단592
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From December 2007, the Defendant was operating the “D gas station” located in Busan Gun captain C from around December 2007.

On October 13, 2015, the defendant would pay the price to F of the business employees of the victim E-stock company in the above oil station to F of the victim E-stock company after the day on which the oil is supplied.

“The purpose of “ was to make a false statement.”

However, in fact, the Defendant had, at the time, a debt of about KRW 40 million and tax in arrears with approximately KRW 85 million, and not only had a debt of KRW 1.1 billion, but also had not been paid interest on the loan of KRW 1.1 billion from the above site as security, and the auction on the above site was in progress. Therefore, it was thought that there was no intention or ability to pay to the victim company the money arising from the sale of oil supplied by the damaged person to suspend the auction, or to pay the interest on the above debt of KRW 5.7 million.7 million per month.

As above, the Defendant deceptioned the above F and acquired the oil equivalent to approximately KRW 24,912,965 won in total in the market price of the 11,903 liter, which is an ordinary gasoline owned by the victim company on the same day from that day.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes governing shipment slips and tax invoices;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is the crime of taking the oil equivalent to approximately KRW 24,912,965 without the intention or ability to repay the oil price. The crime of this case is bad, and the defendant did not agree with the victim company and did not endeavor to repay the damage (the defendant is the victim company through G as the oil price).

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