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(영문) 의정부지방법원 2018.06.20 2018고정311
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 24, 2017, the Defendant was sentenced to one year and six months of imprisonment for a crime of fraud at the District Court, and the above judgment was finalized on August 14, 2017. On August 9, 2017, the Defendant was sentenced to six months of imprisonment with prison labor at the District Court for embezzlement and was finally decided on December 12, 2017.

On August 1, 2016, the Defendant sent a phone to the victim C at an insular location, and then purchased freight with the amount loaned by NN and registered as the business operator under four names.

The fuel expense card to be used by the cargo vehicle's article purchased in the four future is needed to operate the freight vehicle.

A false statement was made in the two parts of the national land damage caused by filing an oil expense card.

However, in order to gain profit from transportation charges, the Defendant was merely intended to use the oil expense card from the injured party even if the operator of the cargo vehicle purchased by the injured party with the loan was not able to obtain the oil expense card from the injured party, and there was no intention or ability to use the freight vehicle from the injured party or to use it as oil expense.

On August 13, 2016, the Defendant received a national Lone Star Truck Card under the victim’s name from the victim from the victim, and used it from October 13, 2016 to January 3, 2017 in the settlement of the price equivalent to KRW 8,06,00 in total over 21 times, as shown in the list of crimes attached hereto, from around October 13, 2016.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police with regard to C;

1. A financial transaction statement, written confirmation to use installment financing, and a statement of price for using cards;

1. A detailed statement of the use of subsidies, a detailed statement of deposit transactions, a detailed statement of transaction, a record of card use, and a detailed statement of the use of subsidies for cargo trucks;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment (a comprehensive determination of fines).

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