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Reasons
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(영문) 대구지방법원상주지원 2020.09.09 2020고단12
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 10, 2015, the Defendant entered into a contract for “Co. E” and organic fertilizer sales with D from August 10, 2015.

Before paying the payment of retirement expenses by the victim FF association, the Defendant came to know that the Defendant did not properly examine whether retirement expenses were actually supplied to farmers, and what retirement expenses were supplied. The Defendant used this fact, however, attempted to pay the Defendant’s obligations to the Defendant by submitting an application for change of supply of organic compost as if the “H” fertilizer owned by the Company E was supplied to farmers, and submitted an application for change of supply of organic compost to the victim, thereby having the victim pay the amount of the fertilizer to C.

Although the Defendant supplied “G” from November 2016 to February 2017 supplied from the above “C Newspaper Agency” office to the farm household, the Defendant submitted an application for change of the supply of organic fertilizers to the effect that he/she would be changed from March 2017 to June 2017, and that he/she would be changed from “G” to “H” fertilizer, and that he/she would transfer KRW 300,792,80 to the victim company as the price for the supply.

Accordingly, the defendant deceivings the victim and let a third party receive property from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of statement concerning I, J and D;

1. Each police statement made to I, J, and D;

1. A complaint and a complaint;

1. Each investigation report (the application of Acts and subordinate statutes 2, 5, 8, 9, 10, 23, 24, 32, 35, 43) shall apply;

1. Determination as to the assertion by the Defendant of the choice of imprisonment or his/her defense counsel regarding the relevant criminal facts under Article 347(2) and (1) of the Criminal Act

1. The Defendant’s summary of the assertion is serious defect in fertilizers supplied by E Co., Ltd. (hereinafter “E”).

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