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(영문) 광주지방법원 2018.02.09 2017고합283
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

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

Of the facts charged in the instant case, fraud against the Defendants.

Reasons

Punishment of the crime

2017 Gohap 283 (Defendant A) as each representative director of G Co., Ltd., H Co., Ltd., H Co., Ltd., and agricultural partnership I, the Defendant received feed from J Co., Ltd. (hereinafter referred to as “agricultural Co., Ltd.”) and provided it to livestock farmers, and received pigs, etc. and provided it to meat processing companies.

around June 25, 2015, the Defendant operated M Co., Ltd. at the L Attorney-at-law office located in Seocho-gu Seoul Metropolitan Government K in Seocho-gu.

N An offer of security equivalent to KRW 2 billion to a feed company, which is first supplied to the State, with money equivalent to KRW 1 billion in advance.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendant was liable for the amount equivalent to KRW 17 billion at the time, and in particular, the Defendant was liable for the amount equivalent to KRW 1950,000 to J and was required only to secure it. Therefore, even if the Defendant provided additional security to J, there was no intention or ability to provide N with the amount equivalent to KRW 1,000,000.

Around June 30, 2015, the Defendant: (a) deceiving N and the Victim’s O provided land and buildings in Heung-gu P and Q as collateral to the said J on or around June 30, 2015; and (b) obtained property benefits of the sum totaling the market value of real estate equivalent to KRW 630,732,080 ( KRW 452,740,400, KRW 635,911,680) of each of the above real estate after completing the registration of the establishment of the right to collateral security equivalent to KRW 2.1 billion on or around July 3, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness N and R;

1. Complaint (N)

1. A certified copy, confirmation, letter, goods supply contract, etc. of land registry, certified copy of the corporate registry, investigation report (a copy of this case's agreement to provide security), written consent in the name of complainants, written agreement to provide security, and written agreement to establish a collateral security;

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