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(영문) 대전지방법원 천안지원 2018.05.31 2017고단2842

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

In order to sell pigs at the meat processing company of 2017 Highest 2173, there should be an open shipping code of the agricultural cooperative. Upon request from the victim D, who is a meat processing distributor without the shipping code of the agricultural cooperative, the defendant used the defendant's shipping code to supply raw materials to E, F, etc. for 440,282,592 won in transactions with the agricultural cooperative of C, from March 15, 2016 to March 31, 2016. The defendant received 439,842,310 won from the victim's price to receive 42,30,350 won from the defendant's personal debt and 42,30,000 won from the defendant's personal debt and 450,000 won from the defendant's personal debt and 42,350,000 won from the defendant's personal debt.

The defendant of "2017 Highest 2842" is a person who entrusts meat processors and livestock raisers with the sale and purchase of, or sells, pigs, etc.

1. On May 15, 2016, the Defendant, at “△△ farm,” operated by the victim H located in ASEAN, around May 15, 2016, purchased 35 pigs amounting to KRW 14.6 million by calculating the amount of KRW 5,504 per swine 1km and 35 Doz.

1.6 million won was first delivered to the victim, while making a false statement to the effect that “The remaining KRW 1.6 million will be settled in the amount received by slaughtering pigs.”

However, even if the Defendant received pigs from the injured party, the Defendant did not have the intent or ability to pay the remainder, and the profits accrued after slaughtering pigs were considered to be used both as the Defendant’s debt repayment, living expenses, etc.

Nevertheless, the Defendant: (a) by deceiving the victim; and (b) supplied 35 pigss worth KRW 11.6 million at the market price on the same day (excluding down payment of KRW 3 million) from the victim.

In addition, the defendant is 4 times from May 15, 2017 to August 9, 2017, as stated in the list of crimes in attached Table 1.