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(영문) 서울동부지방법원 2014.01.27 2013고단1313

사기

Text

Defendant

B and A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

provided that this judgment has become final and conclusive.

Reasons

Punishment of the crime

Defendant

B The actual operator of F Co., Ltd., the main purpose of which is the wholesale and retail business of agricultural and fishery products, and the defendant A, the representative director in the name of the above company, was in charge of the purchase of agricultural products in each mountainous district, and the defendant C was in charge of the management of funds

From March 2012, the Defendants had already reached approximately KRW 200 million, and the success of the business of importing and selling sludge was unclear, and even if they had been supplied with it from the victim Green Agricultural Cooperative, they had been supplied with it by the victim union despite the absence of intent or ability to pay the full amount of the purchase price, sold it, and conspired to pay the payment of the purchase price or other existing credit obligations with its profits.

On March 15, 2012, the Defendants took the same attitude that the Defendant would pay the victim’s employees in charge of the contract at the victim’s office in Gyeyang-gu, Doyang-gu, Doyang-gu, 3190, on a timely basis, at the victim’s association office, and entered into a contract with the victim’s association on the supply of 200 tons later from the victim’s association.

However, the Defendants did not have any intention or ability to pay the full amount of the purchase price, even if they were supplied with the movement from the victim union.

As seen above, the Defendants conspired to induce the victim association, and were issued 200 tons from March 21, 2012 to April 13, 2012 by the victim association, at the market price of 452,950,000 tons in total from Seoul, etc. to April 13, 2012.

Summary of Evidence

1. Defendants’ partial statement

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Protocol of the police statement concerning G;

1. A continuous contract for agricultural products supply;

1. The load-bearing force of the air ship shipment association;

1. Application of Acts and subordinate statutes on the entry and departure of passbooks;

1. Relevant Article 347 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. The Criminal Act, each of the suspended execution;