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(영문) 의정부지방법원 2014.05.27 2013고단1430

사기등

Text

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

Reasons

Punishment of the crime

On May 4, 2012, the Defendant stated to the effect that “on the delivery of herb drugs, the Defendant would pay KRW 160 million to the victim five times each month from June 5, 2012 to October 5, 2012, the amount of KRW 32 million each month from June 5, 2012.”

However, in fact, the Defendant was unable to pay KRW 3-40 million for oriental medicine to G, which is running the “J” and the “F Agricultural Partnership Corporation” at the time, and was accused of criminal complaint. While the Seoul Credit Guarantee Fund and the Seoul Credit Guarantee Fund had a total of KRW 8,330,00,00 of the delayed payment amounting to KRW 8,3330,00 to the Seoul Credit Guarantee Fund and the Enterprise Bank, there was no other property except for the claim for return of the lease deposit for an apartment living, and there was no guarantee that the oriental medicine materials to be supplied from the victim would be immediately sold. Therefore, even if the oriental medicine materials are supplied by the victim, there was no

Nevertheless, the Defendant, as seen above, received a false statement and received a warning equivalent to KRW 9,878,400 on the same day from the victim, and received the delivery of herb drugs equivalent to KRW 125,490,600 in total over eight times from that time to June 11, 2012, as shown in the list of crimes in the attached Table.

On August 2012, 2012, the Defendant: “2013 Man-Ma15444, the Defendant introduced M trading of herb drugs to M upon request by the victim L to inquire of the place where he sells yellow gas; and the victim transported 10 million won to M, thereby receiving the price in lieu of the Defendant, and promised to do so to the victim.

around August 29, 2012, the Defendant received and stored KRW 5 million out of the amount of KRW 10 million for the victim from “O” operated by M in Dongdaemun-gu Seoul, Dongdaemun-gu, for the victim, and consumed the Defendant’s business operation fund, etc. around that time.

Accordingly, the defendant is the victim.