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(영문) 대구지방법원 의성지원 2016.09.08 2015고단256
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a broker of agricultural products in the Sung-gun B Joint Wholesale Market in Gyeongbuk-gun.

The Defendant was in a situation where the credit purchase amount for agricultural crops, such as the company that purchased on credit and the dub, had to pay 300 million won. On August 31, 2013, the Defendant borrowed KRW 100 million from the victim C and was unable to pay the borrowed amount to the victim. Since the sales of agricultural crops, such as the company supplied to the Do farming association corporation, which is the seller due to the horse, and the company supplied to the Do farming association, were insufficient to repay the existing debts with the proceeds of selling agricultural crops, the Defendant was unaware of the victim as if he were to supply the company to the large retailer, thereby inducing the victim to use the money for the existing debt repayment and business expenses.

Around February 28, 2014, the Defendant, at the residence of the victim in Sung-gun, Sung-gun, Sungbuk-gun, was unaware of the intent or ability to repay the above money even if he borrowed the money. Despite the fact that he supplied the company to a large retailer, the Defendant, despite the absence of the fact that he supplied the company with the company to the large retailer, by deceiving the victim by deceiving him of the amount of KRW 100,000,000,000,000 from the interest to pay an amount equivalent to the proceeds from the sales, prior to the loan of KRW 50,000,000 to June 30, 2014, the Defendant acquired it from the victim to the account in the name of F (G) in which the Defendant used the company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a complaint (including a certificate of borrowing attached and a copy of a bankbook in the name of the F);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] General Fraud (less than KRW 100 million) is mitigated (one month to one year) (special mitigation).

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