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Reasons
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(영문) 울산지방법원 2015.05.22 2014고단3704
사기
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The defendant shall be innocent.

Reasons

1. The Defendant is a person who operated a gas station in Yangsan City D from around 2007 to March 2014.

On January 23, 2014, the Defendant made a false statement to the victim Mayang Petroleum Co., Ltd. that “if he/she supplies petroleum, he/she would pay the price within one month” to the victim Mayang Petroleum Co., Ltd.

However, the Defendant had a financial obligation of approximately KRW 400,000,000 per month due to the repayment of interest and principal and interest, and even thereafter, the deficit of the gas station was accumulated, and the amount of KRW 580,000,000 was increased due to the increase in the debt of the financial institution, credit card payment, etc. In January 2014, the amount of the other party’s personal debt was KRW 430,000,000,000, and the other party’s personal debt was KRW 1,000,000,000,000,000,000 won per month due to the expenses of gas stations, living expenses, interest, etc., and there was no intention or ability to pay for the petroleum products from the victim even if there was no specific revenue or property.

As above, the Defendant, by deceiving the victim and doing so from the victim, shall be gasoline and low sulfur transit equivalent to KRW 67,473,408 on the same day at the above E stations, and the same year.

2. Ordinary gasoline and low sulfur transit equivalent to 78,015,468 won around 14.1 billion won, and the same year;

2. Ordinary gasoline equivalent to 35,964,180 won around 16. Around the same year:

2. The same year in which he/she is supplied with each indoor light oil and diesel transit equivalent to KRW 17,400,912 on or around 25.17 and is supplied with petroleum products of KRW 131,380,560 in total on four occasions;

3. Around 28.28.20 million won and the remaining 81,380,560 won were not settled, thereby acquiring property profits equivalent to that amount.

2. The same year in which the defendant's assertion of the liability of the defendant and his defense counsel are provided with petroleum products of KRW 131,380,560 over four times from the victim.

3. The fact that around 28.2 billion won has been settled.

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