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(영문) 대구지방법원 2016.09.29 2016고단2802
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

From June 1998 to February 2, 2012, the Defendant operated a mountain mountain (chill raised for the purpose of producing eggs) with the trade name “D” in the Cheongdo-gun of Cheongbuk-do.

The Defendant, from around April 2010 to the point of time, had experienced financial difficulties in farm operation due to the decline in the price, trading in column E with the purchaser E from around April 2010, and “the method of supplying the entire amount of the column created after receiving a promissory note for the settlement of the spawning price.” From around December 2010, the Defendant traded feed by mixing it with “the method of setting up a collateral security on farm land and buildings and settling the credit amount (the balance of the credit amount) with “the method of settling the payment by setting the time limit for the payment of the unpaid amount as of the end of each month with the payment by 150 days.”

1. The Defendant F. A.B. L.F. L. L.C. (F.) did not have any problem in the settlement of the payment for feed, since the amount payable in the course of the transaction with the victim increased and the amount payable would exceed KRW 300 million. Around that time, there was a defect in order to suspend the transaction from the victim’s side, and the victim’s G employees at the above farm is likely to be incorporated into an industrial complex, and the price increase is anticipated to increase and the amount is to be incorporated into an industrial complex. Therefore, there is no problem in the settlement of the payment for feed.

A false statement was made to the effect that a promissory note received from a seller to the effect that “the continuous supply of feed to reduce pollution as security” was made.

However, in fact, in addition to the amount payable in KRW 316 million for the victim, the amount payable in KRW 30 million was exceeded, and farm is expected to be incorporated in an industrial complex, or is likely to be incorporated into an industrial complex, and even promissory notes received in advance with the purchase-price in the world were unlikely to be cleared or insufficient to settle the amount, and there was no other way to prepare the amount of feed, etc.

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