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(영문) 부산지방법원 2014.03.20 2013고단8317
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant is the representative director of C(former D) corporation for the purpose of wholesale and retail business of agricultural and fishery products.

On November 21, 2012, at the G office of the victim F’s operation in Jung-gu, Busan, the Defendant: (a) was the chief secretary of the SPC Group H, holding the victim’s own food, shower, Paris, bedin, etc.; and (b) was expected to be a fraud of the above H; and (c) was able to offer and use a bid of an amount equivalent to 27 billion won each year from the SPC Group’s agricultural product team; (d) after the incorporation of the agricultural product supply company, the Defendant may receive 20% profits from the purchase of agricultural products from the mountainous district and receive the bid price from the SPC Group. 50 million won investments, 50 million won will be used at the expense of the company, and 50 million won will be used at the expense of the company.

However, even if the defendant received the investment money from the victim, he thought that it will be used as operational expenses such as the interior fishery chain (ju) I operated by the defendant, apartment sale price, etc., and there was no intention to invest in the agricultural product bidding of the SPC Group.

On December 5, 2012, the Defendant, by deceiving the victim, received KRW 49,925,00 from the victim’s account in the name of D Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to F of each protocol of police statement;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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