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(영문) 수원지방법원 2018.08.08 2017고단8576
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who retired from office on May 31, 2017 while serving in C, who was retired from office on May 31, 2017.

On February 2, 2017, the Defendant made a false statement to the victim D, stating that “The Defendant would seek tax-free tobacco at a low price in the military.”

However, even if the defendant received money from the injured party as the fund for purchasing tobacco free of duty, he tried to use the money to pay personal debt and to pay the agreed money to the victims of other fraud, and even at the time of his service in C, he did not have the intent or ability to purchase tax-free tobacco and provide it to the injured party.

As above, the Defendant: (a) by deceiving the victim as above, received KRW 5,300,00 from the victim D to the agricultural bank account under the name of the Defendant; and (b) from that to July 5, 2017, transferred KRW 15,060,000 in total four times from that to that of the three victims, such as the statement in the list of crimes attached hereto.

The Defendant, “2018 Highest 438,” was a person who served as the head of the organization for the maintenance of operational communications in Suwon-si from September 8, 201 to May 31, 2017.

On April 3, 2017, the Defendant called the victim E at the seat of the above C Information and Communications Unit, and sought tax exemption tobacco for military supply from the victim’s “The present situation is well returned.”

In order to send money, a false statement was made that “to provide for a cigarette for military payment free will be sealed.”

In fact, however, the duty exemption tobacco for military supply is supplied only to Korean civilian personnel belonging to the United States Armed Forces in the United States and Korean military personnel belonging to the Korea-U.S. joint unit.

C was not supplied with duty-free tobacco for military supply because it was not a joint military unit, and the defendant was engaged in duties unrelated to the military supplies as the head of the military operation communication maintenance team, and the defendant was exempted from duty-free tobacco for military supply from the victims.

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