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(영문) 대전지방법원 천안지원 2018.11.29 2017고단2678
사기등
Text

Defendant is punished by imprisonment with prison labor for the crime of the 2017 order 2678 order, and the crime of the 2018 order order 200 order order.

Reasons

Punishment of the crime

On May 27, 2016, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment for fraud in the Daejeon District Court's Branch of the Daejeon District Court on October, 2016, and the judgment became final and conclusive on June 4, 2016.

On June 18, 2014, the Defendant made a false statement to the effect that “The Defendant would provide the victim C with light oil amounting to KRW 8,000 liter 1,0560,000,000,000,000,000,000,000,000,000.”

However, the defendant was in bad credit standing at the time, and was in the status of bearing 300 million won of the debt incurred while working as an employee of the company in charge of the company in charge of the settlement of disputes. After receiving advance payment from the sales transaction partner, including D gas stations, he was unable to provide oil, and there was no intention or ability to supply via oil or return the said money even if he was paid money from the injured party.

Nevertheless, the defendant deceivings the victim as above, and he received 10,560,000 won from the victim and acquired it by transfer.

The Defendant operated a F gas station located in the Hawon-gun, Gangwon-do, 2000, the Defendant supplied the victim G with the oil equivalent to KRW 38,528,000 from April 12, 2017 to May 9, 2017, and had the victim keep the said electronic bill at a discount of the said electronic bill at the face value of KRW 97,786,240 on May 24, 2017 and KRW 38,528,000 of the said electronic bill at the face value of KRW 42,528,00,000 other than the total amount of KRW 42,528,000 that the Defendant lent to the previous victim, upon request from the victim, the Defendant had him/her make payment of KRW 55,258,240,00 for the said electronic bill to the victim.

Since then, even though the Defendant intended to discount the above electronic bill, but failed to do so, notified the victim of such circumstance and demanded the victim to return the above electronic bill, the Defendant voluntarily used the above electronic bill to pay the outstanding amount to the I gas station supplied with oil, etc. around May 29, 2017.

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