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(영문) 창원지방법원 밀양지원 2017.08.10 2016고단505

사기

Text

A defendant shall be punished by imprisonment for three years.

The defendant pays 234,617,000 won to the applicant by fraud.

Reasons

Punishment of the crime

On December 16, 2015, the Defendant “2016 Highest 505, the Defendant concluded that “The Victim’s residence located in FF would purchase the company at good prices, and would pay the company and the purchase price after one to two months.”

However, at the time, there was a loss of KRW 200 million by supplying agricultural products at a price lower than the market price at the agricultural products distribution center, and the death and the supply to the above distribution center was temporarily suspended from December of the same year, and the death and the market price at that time were less than half of the market price that the Defendant purchased from the victims, which was not clear that the future death and the market price were not known. Posium payments that had not been paid to the victims at the time of Kimcheon-gun was 135 million won, and the death and the price that should be paid to other farmers in addition to the victims were 20 million won, and there was no intention or ability to pay both death and the price to the victim.

As above, the Defendant: (a) by deceiving the victim as above; (b) obtained the delivery of the company equivalent to KRW 32,820,000 in total from the victim; (c) around December 25, 2015; and (d) obtained the delivery of the company with a charge equivalent to KRW 32,820,000 in total from the market price; and (b) obtained the delivery of the company with 218,125,00 won in total from November 30, 2015 to January 8, 2016, as shown in attached Table 1.

Around November 4, 2014, the Defendant stated that “Around 2016, the Defendant would purchase the company with the intention to supply the company with the intention to buy the company at a higher price than the current market price, and pay the company price within one to two months.”

However, in fact, even if he did not pay a death penalty to a farmer who had been engaged in the existing transaction at the time, he did not pay a death penalty to the previous farmer, and even if he sold a death penalty, he did not pay it first to the previous farmer, and from July 2015, he supplied agricultural products to the Agricultural CFF distribution center at a price lower than the market price, approximately 1.