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(영문) 대구지방법원 2015.07.23 2014고단6699

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. [Attachment 2014 Highest 6699] The Defendant is a person who sells seedlings in the name of “C” from Simsan-si B.

Around July 23, 2013, the Defendant received down payment from the victim D, but did not intend or have the ability to purchase and supply the seedlings ordered by the victim to the victim in another agricultural source, the Defendant makes a false statement to the effect that “The Defendant shall seek and supply the 3,000 shot seedlings, 1,000 shot seedlings, 3,000 shot seedlings from another agricultural source, and 3,000 shot seedlings from another agricultural source,” and received KRW 10,50,000 from the victim under the pretext of down payment.

7.25.Around 25.25. The victim’s false statement to the effect that “I will seek 4,000 shares from other farm gardens and supply it to the victim.” It shall be delivered KRW 8 million from the victim under the same name, and the same year.

8. Around 29.20. Around the same day, the victim made a false statement to the effect that “I will seek and supply 6,000 spaths and seedlings from another farmer’s room and 1,500 spaths and seedlings from another farmer’s room.” It received KRW 10 million from the victim under the same name and obtained KRW 28.5 million in total from the victim.

2. [Attachment 2015 Highest 1584] The Defendant is a person who sells seedlings in the trade name of “C” from Simsan-si B.

On June 21, 2014, at around 14:00, the Defendant concluded that “a tree nursery is cut down in Gyeongsan due to a sudden increase in money” to the victim in G operated by the Victim F (54 years of age) E, the Defendant prepared the “A tree nursery contract” at around 14:00 on June 21, 2014, and that “a tree nursery will be supplied to the victim in 13,000 shares by November 2, 2014,” and “a tree nursery contract at around 36,00 shares by 13,00 shares by 15,00 shares by 15,00 shares by 15,000 shares by 5,00 shares by 5,00 shares by 5,00 shares by sto capital.”

However, the defendant was unable to repay the money to the existing creditors at the time, and there was no intention or ability to supply seedlings even if he receives the money of seedlings from the creditors.