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(영문) 의정부지방법원 2016.02.26 2015고단1681
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On August 25, 2014, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the District Court of Jung-gu on September 2, 2014, and the above judgment became final and conclusive on September 2, 2014.

[2] The Defendant, from September 16, 2013 to September 16, 2013, operated D (ju) as a removal company in Yangju-si.

D The monthly sales of approximately KRW 200,000,000, and the monthly expenditure of KRW 300,000,000, were insufficient operating funds, thereby preventing the issuance of bills in the company’s name and return of bills. Around the time of the instant case, since a bill was issued with approximately KRW 1,20,000,00 and the maturity of a bill returned during the month is approximately KRW 1,50,000,00,000, there was no intention or ability to pay the oil payment and the amount of the bill even if the bill was discounted.

1. Fraud to victims E;

A. On February 1, 2013, the Defendant stated to the effect that “the victim E would pay the fry at the end of each month for the supply of frys” to the victim E at the G office operated by the victim E at the two weeks. From February 1, 2013 to September 19, 2013, the Defendant received oil equivalent to KRW 364,698,690,749, gasoline 163,037 328,652,939, light oil and KRW 163,037 328,652,939, light oil and KRW 1,400,00, total amount of KRW 364,698,688,688, from February 1, 2013 to September 19, 2013.

Accordingly, the defendant was given property by deceiving the victim.

B. On April 30, 2013, the Defendant does not prevent a bill issued for the settlement of oil prices to the victim E at the same place as the foregoing subparagraph 1-A.

That is to reduce other bills in cash, the settlement of the price will be made without drawing up the face value of discount in cash.

“Falsely speaking to the purport that the issuance of the said D is to be made, and one promissory note with the amount of KRW 40,470,000 on September 30, 2013, which was the due date of the said D issuance, was delivered to the new bank account in the name of the Defendant on May 3, 2013 from the damaged party, as well as the delivery of KRW 40,470,000 from the said discount of the bill to the new bank account in the name of the Defendant on August 31, 2013 as shown in the attached Table 1 of the List of Crimes.

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