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(영문) 인천지방법원 2015.07.02 2015고단2131
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 31, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on April 10, 2015.

The defendant is a person who has been engaged in the oil supply business in Gyeyang-gu Incheon, Inc. D.

Since October 15, 2012, the Defendant supplied oil from oil refineries companies, etc., supplied the oil again to gas stations, and conducted business in the form of taking marginal profits generated in the process, the Defendant entered into an association with Samsung Card Co., Ltd. and submitted an application for approval between KRW 50 million and KRW 70 million to Samsung Card Co., Ltd., the Samsung Card Co., Ltd. first paid a certain amount of fees to the Defendant, and the Samsung Card Co., Ltd created a business structure in the form of receiving credit card payment from oil stations after the month.

The Defendant, while operating his business in the above manner, failed to pay the card price equivalent to KRW 250 million in total to Samsung Card Co., Ltd. during the period from January 2013 to May 2013, 2013, at least five oil stations, etc. supplied by the Defendant, which were supplied with oil from the Defendant, to pay the card price equivalent to KRW 250 million, which was paid by subrogation to the Samsung Card Co., Ltd., the Defendant suffered economic loss equivalent to KRW 250 million, which led to a lack of normal oil supply.

Nevertheless, around July 23, 2013, the Defendant, as if he were to supply the normal oil to the victim H who operates G gas station in Gyeyang-gu, Young-gu, Yangyang-gu, Seoul, to pay the amount of KRW 50 million 14.9 million on July 26, 2013, and did not supply the remaining oil at the market price of KRW 31.8 million on July 26, 2013, thereby acquiring the amount of KRW 33.1 million.

In addition, the Defendant’s aforementioned method from June 19, 2013 to December 28, 2013 is attached.

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