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(영문) 창원지방법원 거창지원 2017.05.25 2016고합40
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The punishment of the accused shall be determined by two years of imprisonment.

Of the facts charged in the instant case, the victim C Agricultural Cooperatives.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of two months on August 10, 2016 to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and a crime of violation of Road Traffic Act (unlicensed Driving) in the Changwon District Court branch on August 10, 2016 and the judgment on December 16 of the same year becomes final

[Criminal facts] The Defendant actually operated D Co., Ltd. and E Co., Ltd. for the purpose of grain-making business.

1. Around September 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim FF Agricultural Cooperatives for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against G employees of the FF Agricultural Cooperatives for the victim’s FF Cooperatives (hereinafter “victim’s credit supply of grain owned by the victim to D or E”) would be paid in full until March 20

“.....”

However, at the time, the Defendant had borne a large number of obligations due to the expansion of business, etc., and the credit payment for the grain that was received from the previous grain transaction parties was not made, and even if the grain was paid by the transaction parties, there was no intention or ability to pay the amount, even if the grain was supplied from the damaged party, since it was thought that it was used as the repayment of the existing credit payment, etc.

The Defendant, as above, by deceiving G from September 12, 2014 to October 23, 2014, supplied 1,589,290,751 won in total in the market price of KRW 1,167,963km from around October 9, 2014 to around October 18, 2014, and acquired the total market price of KRW 1,494,940,916 in grain of KRW 1,112,762k in total from around October 9, 2014 to the market price of KRW 3,084,231,67 in aggregate by obtaining the delivery of KRW 2,280,725km in total from around October 9, 2014 to October 18, 2014.

2. A victim H Agricultural Cooperatives and J Agricultural Cooperatives were merged into K Agriculture Cooperatives around March 2015.

On April 25, 2013, the defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for the defendant is I in Gohap-gun, Gyeongcheon-gun around April 25.

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