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(영문) 서울동부지방법원 2014.03.28 2013고합346

특정경제범죄가중처벌등에관한법률위반(사기)

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Ministry for Food, Agriculture, Forestry and Fisheries shall establish a 10-year master plan for overseas agricultural development as part of the national book project for securing the stable overseas supply line of grains from around 2009 after the global food crisis in 2008, and provide guarantee certificates, etc. to private enterprises as a security to support overseas agricultural development (hereinafter “overseas agricultural development fund”), and provide loans to the fund of 2% low interest rate of 2% per annum (hereinafter “overseas agricultural development fund”) to 30 companies up to the day.

On the other hand, the Korea Rural Community Corporation shall carry out business affairs entrusted by the Ministry for Food, Agriculture, Forestry and Fisheries for the execution of the Overseas Agricultural Development Fund and the follow-up management thereof, and private enterprises that receive the Overseas Agricultural Development Fund shall use agricultural machinery necessary for the production of overseas agricultural products as expenses for the purchase of agricultural machinery, incidental facilities, and farming expenses (seeds, fertilizer expenses, and pesticide expenses), and persons who have reported the overseas agricultural development project plan and perform business other than the purpose thereof may be punished, and all or part of the principal and interest

2. The Defendant is the representative director of E (former F) who is located in the second floor of the D building in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do.

Around August 14, 2009, the Defendant: (a) reported an overseas agricultural development plan that “F Co., Ltd. sells spawn spawn spawn spawn spawn spawn spawn spawn spawn spawn spawn spawn spagn spawn spagn spawn spagn spagn spagn spagn spagn spagn spagn spagn spagn spagn spagn spagn spagn spagn spagn spagn swn spagn spagn swn