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(영문) 울산지방법원 2016.10.20 2015고단11
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 14, 2009, the Defendant was sentenced to one year of imprisonment for a crime of violating the Punishment of Tax Evaders Act at the Busan District Court on April 1, 2010.

1. From July 14, 2012 to September 26, 2012, the defrauded: (a) from the second floor of the C & gas station located in the Busan Eastdong-gu to the representative director on the name of D; (b) operated the Co., Ltd.; (c) purchased oil in bulk from the oil selling company, such as F, to sell it to agents, gas stations, etc.; (d) received money from the oil selling company, such as F, to the victims who are difficult to supply oil; and (e) received money from the victims to the victims that he/she did not have any capacity to collect the oil price by means of false stating that he/she did with oil payment.

On September 10, 2012, the Defendant made a false statement to the 2nd floor of the Agricultural and Fishery Industry Market Co., Ltd. located in the Busan Metropolitan Transportation Daegu-dong, stating that “The Defendant would supply the oil in a gas station at any time at any time at the time, at the time, to supply the oil in a gas station.”

However, even if the defendant received money from the victim, he did not have the intention or ability to supply it.

Nevertheless, the defendant deceivings the victim as above and received 25 million won in cash from the victim, i.e., the transit price.

B. Around September 25, 2012, the Defendant made a false statement that “Around September 25, 2012, the Defendant would have the Victim H supplied KRW 30 million via Korea (160 dump, 32,000 dump, 160 dump, 32,000 dump) in total with the amount of KRW 20 million received prior to his face.”

However, even if the defendant received money from the victim, he did not have the intention or ability to supply it.

Nevertheless, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the one bank account (I) in the name of E under the same day.

(c).

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