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(영문) 부산지방법원 동부지원 2016.01.20 2015고단546
사기
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant, “(2015 Highest 546) of the 2015 Highest 546, the Defendant, while working as a member of the said mountain conference even though he did not actually operate the Chinese medicinal herbs and did not have a large warehouse in Busan, had a large storage of medicinal herbs in the course of operating the said Korean Pharmacopoeia, and had a large amount of storage of medicinal herbs to the victims D, E, F, and G, who were members of the said mountain conference, who were aware of in the course of engaging in the activities as a member of the said mountain conference. However, upon purchasing and resale of medicinal herbs, he/she may obtain profits exceeding 60-80% of the principal amount.”

1. The injured party D(47 tax) Defendant would not invest in money to the injured party in the 2010 square districts where the injured party purchased medicinal materials from the joint market for medicinal herbs located in Yongcheon-do, Gyeongcheon-do, and subsequently resells them after going through a fair process in the warehouse located in the Busan Yong-dong, the injured party D(47 tax) would obtain profits from 80%.

‘False speech' was made.

However, due to the above circumstances, there was no intention or ability to pay the principal or the profit in accordance with the agreement even if the victim received the investment from the injured party.

As such, the Defendant, by deceiving the victim as such, was given KRW 38 million on January 26, 201, and around February 28, 201, KRW 10 million on or around February 28, 201, and KRW 20 million on or around April 4, 201, KRW 10 million on or around June 201, and KRW 10 million on or around July 11, 201, were given six times in total, including each delivery of KRW 18 million on or around July 11, 201.

2. Around May 2, 2011, the Defendant: (a) around Busan Educational University located in the Busan Educational University, the Busan Educational University (hereinafter referred to as the “Seoul Educational University”); (b) purchased medicinal herbs from the farmers in the Yongcheon-gu and sold them again, and (c) made a false statement to pay KRW 38.5 million after April when investing KRW 20 million.

However, in fact, the intention to pay the principal or the profit according to the agreement even if it receives the investment from the injured party due to the above circumstances.

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