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(영문) 전주지방법원 2016.04.22 2015고합156

특정경제범죄가중처벌등에관한법률위반(사기)등

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Imprisonment with prison labor for the crimes of No. 1 and No. 2 in the judgment of the defendant, and for the crimes of No. 3 in the judgment of the defendant, he shall be punished by imprisonment for not more than six months

Reasons

Punishment of the crime

On May 24, 2013, the Defendant was sentenced to imprisonment with prison labor and two months at the Jeonju District Court for fraud, etc. and has been sentenced to the same year.

6. 1. The judgment became final and conclusive and conclusive on November 29 of the same year, and the remaining term of imprisonment has expired on January 27, 2014.

Criminal facts

[2015 Gohap 156]

1. On January 1, 2009, the Defendant made a false statement to the representative director F of the victim (state) E at the office of the DD Association located in the former North Korea-gun (G) Association of the Republic of Korea (G) on the part of the Defendant who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (LA) stating that the Defendant would sell (state) 600,0000 ethic fertilizer of E to many members as members of the DD Association would make a contribution to the Association, which is the president of the Republic of Korea.

However, there was no intention or ability to sell 60 thousands of fertilizers of the victim company even if the victim receives money from the victim as a donation to the Association.

Around January 8, 2009, the Defendant, by deceiving the victim, received KRW 30 million from the victim to the Agricultural Cooperative account under the name of the Association (G) under the pretext of donation, and received KRW 30 million from the victim to May 7, 2010 from that time, and received KRW 528.6 million in total from the victim, such as donation, operating expenses, and borrowing money, from May 7, 2010.

2. On July 20, 2012, the Defendant, at the office in the branch office in the North Korea Association (G) located in the North Korea Association prior to the North Korea Association prior to the Association (G), made a false statement of the agreement on the transaction of H and fertilizer with the victim (H), who is an employee of the company in the Republic of Korea (G), and made a false statement of the agreement that “The Defendant, who is the chairperson of the Association (G) made a donation of KRW 350,000 won for the Association’s activity expenses to sell the fertilizers of at least 350,000 won for three years, as many members of the Association (G)

However, there was no intention or ability to sell fertilizers of the victim company even if the victim receives money from the victim as the expenses for the Association activities.

As such, the Defendant deceivings the victim and received 30 million won as the expenses for the Association activities on July 20, 2012 from the victim.