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Reasons
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(영문) 광주지방법원 2015.06.25 2015고단322
사기
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. On February 18, 2014, the Defendant made a false statement in a coffee shop stating that “The Defendant would have to supply organic farming fertilizers to C within three months after the delivery thereof,” in which he/she could not know the name in the Masandong-dong of Gwangju Mine-gu.

However, even if the fertilizer is supplied, there is no intention or ability to pay the fertilizer price to the victim.

The Defendant, as indicated in the attached list of crimes, obtained from the victim, from February 19, 2014 to March 8, 2014, an organic farm fertilizer of an amount equivalent to KRW 169,570,000 at the market price, which was obtained from February 19, 2014, and obtained from the victim, by fraud.

2. Around May 2014, the Defendant made a false statement to the F office operated by the Defendant in the Seocho-gu Mine E on May 2014, 201, stating that “The Defendant would supply fertilizers to farmers without any mold, so that the amount of fertilizer would be settled.”

However, even if the fertilizer is supplied, there is no intention or ability to pay the fertilizer price to the victim.

The Defendant from around May 22, 2014, as stated in the list of crimes in attached Form from the victim.

7. Until December 22, 200, organic fertilizer equivalent to KRW 177,00,000 (name of a product: H 21,550 circulation, I 8,450 circulation), market price of KRW 3,625,00 (name of a product) was delivered.

Accordingly, the defendant, by deceiving the victim-in-law partnership company, the victim-in-law partnership company, and by acquiring the property amounting to KRW 350,195,00 in total.

Summary of Evidence

1. Defendant's legal statement;

1. The fifth prosecutor's protocol of interrogation of the accused;

1. Each police statement about G, K, and L;

1. Each investigation report (Evidence No. 13, 15, 18, 24, 26);

1. A contract for supply of goods, a written confirmation of receipt of goods, and a letter;

1. A copy of an outsourced management contract and sales slip;

1. Application of Acts and subordinate statutes to each photograph (Evidence No. 14, 16, 27);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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