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(영문) 광주지방법원 해남지원 2014.02.19 2013고단290
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 12, 2012, the Defendant entered into a contract for oil supply with the victim G operating a Friju station located in Jeonnamdo E on March 12, 2012, with the trade name of B, and paid the price on March 15 and 30 of each month.

On April 1, 2012, the Defendant received supply of oil equivalent to KRW 35,977,914 in total at the market price from the victim, from that time until June 10, 2012, as if he/she were to pay the price on the settlement date designated in the F station.

However, in fact, the Defendant did not have any special property, and did not raise any income while engaging in the cargo transport business, and did not pay the oil value that was supplied for the first time on March 2012 ( March 15 and March 30), and even if the oil was supplied as above, the Defendant did not have the ability to pay the price, and the employee’s wages were not paid.

The Defendant, while hiding such circumstances, by deceiving the victim, was supplied with oil equivalent to the total market value of KRW 35,977,914 from the victim and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of statutes governing details of transactions;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Scope of the recommended sentence [Determination of type] Fraud - General Fraud - Reduction element of less than KRW 100 million (Special Contributors): In a case where the degree of deception is weak: None [the scope of the recommendation of sentence] to 1 year (Mitigation of mitigation): No person is subject to general mitigation:

2. Whether or not the suspension of execution (major reasons for the suspension of execution): Unagreements, positive cases: Cases where the degree of deception is weak (general reasons for writing): There is no negative reason: There is no criminal record of the suspension of execution of execution or more, and partial recovery of damage.

3. Determination of sentence - Imprisonment 6 months, scambling.

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