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(영문) 창원지방법원 진주지원 2014.10.02 2014고단321
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around January 31, 2012, the Defendant made a false statement to the effect that “The Defendant would immediately pay the amount of truck oil to the victim if he/she would supply the oil at the oil station,” at the oil station operated by the victim D in the Busan Sindong-gu, Busan.

However, the defendant did not have the intention or ability to pay the price even if he was supplied with oil from the victim because of economic difficulties such as having a debt equivalent to KRW 200 million at the time.

Nevertheless, the Defendant: (a) by deceiving the victim as above and being supplied with oil equivalent to KRW 17,841,542 from the victim; and (b) from August 31, 2012, the Defendant was supplied with oil equivalent to KRW 141,675,05 over eight times from that time until August 31, 2012, and did not pay the price, thereby acquiring property benefits equivalent to that amount.

2. On September 3, 2012, the Defendant was serving in G with computers, etc., which was operated by F, and became out of the said G on September 3, 2012.

On May 26, 2013, the Defendant entered the F-owned victim, Inc., a new bank debit card, which was ordinarily held by the New Bank in the Taeduk-gu in the large wartime, into the cash automatic machines installed at that place, obtained a password, and transferred KRW 5,20,000 from the F F's new bank account to H's new bank account used by the Defendant.

Accordingly, the defendant acquired economic benefits of 5.2 million won by inputting information into a computer and other information processing device without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Automobile register;

1. Electronic tax invoices;

1. Report of investigation (to hear statements by the accused);

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment ofCCTV photographs);

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (Fraud), Article 347-2 of the Criminal Act, and Article 10 of the Criminal Act, each of the choice of imprisonment with labor.

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