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(영문) 대전지방법원 홍성지원 2018.02.08 2017고합26

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendant

A Imprisonment with prison labor for six years, for one year and six months, for Defendant D, for seven years, and for Defendant C.

Reasons

Punishment of the crime

[criminal history] Defendant D was sentenced to six months of imprisonment and two years of suspended execution as a crime of violating the Road Traffic Act at the Seoul Western District Court on March 22, 2016, and the judgment became final and conclusive on March 30, 2016.

Defendant

B On September 23, 2011, in the Incheon District Court Branch of the Incheon District Court, sentenced one year and six months to a violation of the Act on the Law of Defense, and completed the execution of the sentence on December 25, 2012.

Defendant

C On November 10, 201, in the Jeonju District Court’s Eup branch, three years of imprisonment for fraud, etc., and on September 27, 2013, the Jeonju District Court sentenced ten months of imprisonment for fraud, etc., respectively. On November 28, 2014 during the execution of the sentence, the parole period expired on January 22, 2015.

[Criminal facts]

I. Defendant A and B’s crime related to the conclusion of a rice sales contract (hereinafter “LF”) is a person who had been engaged in the former duties of a LFF in the Chungcheongnam-gun of budget from May 1, 2013 to December 7, 2015 (hereinafter “LF”).

Defendant

B concluded a sales contract with LF to purchase rice from February 2014 to November 2014, and to purchase rice from January 2015 to May 2015, 2015, respectively, with LF, who operated N (OF corporation as of May 7, 2015).

Defendant

A and B, in order to raise funds necessary for the repayment of debts for rice purchase price, etc., which were not paid in full by LF and other customers due to the shortage of funds by Defendant B around November 2014, Defendant A promised to “to be responsible for and supplied rice at a price lower than the market price” to rice traders recruited by introduction of P, etc., which is the land of Defendant B, by taking advantage of the fact that Defendant A was the former manager of LF,” and the conclusion of a rice sales contract is to enter into a rice sales contract, the “written confirmation of supply of rice,” “a rice sales contract,” etc. with the above contents written in the name of LFF, and the “a rice sales contract,” and entered into a contract with the said trader.