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(영문) 대전지방법원 2014.05.07 2013고단3342
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 6, 2011, the Defendant was sentenced to one year to a suspended sentence of eight months for committing an injury at the Daejeon District Court, and the judgment was finalized on September 15, 201, and on September 26, 201, the Defendant was sentenced to three years and six months for a violation of the Act on Origin Labeling of Agricultural and Fishery Products at the Daejeon District Court on September 26, 201, and the judgment became final and conclusive on December 31, 2013.

The Defendant is a person who operated a “D Agricultural Partnership Corporation (former EAF)” in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the victim F is a person who supplied medicinal herbss to Pyeongtaek-gun, while operating the “G” for herb merchants.

When the Defendant came to know of the fact that the outstanding amount receivable by the victim due to the default of a bill reaches KRW 200 million and the victim experienced considerable financial difficulties, while he supplied herb materials from March 2008 to July 2010 and paid the proceeds as a bill, the Defendant got aware of the situation where the victim was suffering from considerable financial difficulties, using the above circumstances of the victim, he was able to obtain the additional red ginseng cost in Korea from the victim by receiving the additional supply from the victim.

On July 9, 2010, the Defendant made a false statement to the victim at the above D Agricultural Association Office stating that “If the Defendant supplies red ginseng X-ray 500 km of China, the Defendant would pay the amount of Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese

However, on July 29, 2008, the Defendant continued to have financial difficulties until the time when the decision was rendered on July 29, 2008, and thus, even if the Defendant received red ginseng X-ray from the victim, the Defendant could not immediately pay the price in cash. The Defendant: (a) stated that “on the ground of death with the intention of planting, the Defendant would cause red ginseng X-ray to be released in a warehouse” to the victim; and (b) planned that the Defendant would be deducted from the price to pay the red ginseng X-ray to the warehouse; and (c) accordingly, there was no intention to

Nevertheless, the defendant is above.

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