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(영문) 창원지방법원 2013.06.13 2013고합50
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for six years.

Reasons

Punishment of the crime

From May 208 to December 201, 201, the Defendant, who is engaged in the business of selling agricultural chemicals and agricultural materials in Kimhae-si C, 10 billion won in the sports soil lottery. From this point of time, the Defendant had no intent or ability to pay the borrowed money and the pesticide price remaining in normal business profits even if he borrowed money from others or purchases agrochemicals on credit from an agrochemical product investigation.

1. Violation of the Act on Specific Economic Leave Punishment, etc. (Fraud);

A. On January 2, 2012, the Defendant concluded a transaction agreement with the victim E cooperatives (hereinafter “victims Association”) at the D office located in Kimhae-si, Kim Jong-si, that “If the Defendant sent 5,00 foots of agricultural chemicals and 800 foots of the main 3km, he/she shall make payment through the Victim Association by December 31, 2012.”

The Defendant, as above, was issued KRW 2,153,294,946 worth of KRW 2,153,294,946, from the time to October 10, 2012, including the Defendant, by deceiving F and received agrochemicals equivalent to KRW 96,756,00 at the market price from the victim union.

B. On November 29, 2012, the Defendant, at the foregoing D office, made a false statement to the staff of the Victim G, Inc., a pesticide manufacturer, calling a phone at the Mountainous district store in Mountainous district of the said D office, that “on the face of delivery of an amount equivalent to KRW 628,540,000, such as Masium and Nos. 540,000, by December 31, 2013.”

As above, the Defendant was issued a pesticide equivalent to KRW 975,150,000 in total of KRW 975,150,000 on December 3, 2012, including by deceiving the victim and receiving the above pesticide from the victim, and December 108,680,00 on December 10 of the same year.

2. Fraud;

A. On May 10, 2012, the Defendant: (a) around 14:00, at the excessive and lottery store located in Sungwon-si, Sungwon-si; (b) the victim I is the head of the association.

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