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(영문) 청주지방법원 2017.09.08 2016고단1608
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant pays 50,000,000 won to the applicant through fraud.

Reasons

Punishment of the crime

The Defendant established E Co., Ltd. on January 11, 2013, the 2016 Highest 1608, and installed five dongs for growing mushroom in the land located in the Jincheon-gun, Chungcheongnam-do, 2015.

around May 2015, the Defendant would pay 40% of the profits accrued from six Dongs extended by expanding 150,000 won to the victim I and the victim H in the field of the Victim H's office in Seoul and the Y in Jincheon-gun F, Chungcheongnamcheon-gun, Chungcheongnamcheon-gun in Seoul. The Defendant made an investment of KRW 300,000,000 to the victim I and the victim H in Do, respectively.

In order to extend six Dongs, activities must be carried out from the beginning of June to the middle of July when entering the aggregate of KRW 15 million per unit of a mushroom cultivation facility.

It is necessary to KRW 50 million under the name of contract deposit and to seek a good distribution place to be deposited in advance in China, and 80 million won is required and 200 million won is required first.

The term “assumed” means that “assumed.”

However, even if the defendant did not meet the funds and did not make profits at the time of the operation of the five existing agreements, and even if he received the money from the victims, he was required to use the money for the repayment of the debt and the expenses for the operation of the existing five agreements, so even if he received the money from the victims, he did not have the intent or ability to use it to extend the six Dongs of the Gaba five cultivation facilities and to pay the victims the money.

As such, the Defendant, by deceiving the victims, received KRW 200 million from the victim I to the Agricultural Cooperative Account (J) in the name of the E Co., Ltd. (J) on May 22, 2015, KRW 50 million, KRW 50 million on May 27, 2015, and KRW 200 million from the victim H to the said Agricultural Cooperative Account on May 28, 2015.

The Defendant, on January 11, 2013, established an agricultural company E Co., Ltd. (hereinafter referred to as “E”) on January 11, 2013, and is to K from September 2014.

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