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(영문) 대전지방법원 2014.06.27 2013고단4408
사기
Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2013 Highest 4408] On December 2, 2010, the Defendant stated that “The Defendant is linked to the victim D, who was aware of in the graduate school E of the Chungcheongnamnam University University on the date of 2010, in order to separately manage the funds of approximately KRW 2 billion, and to supply the salted fish to the Mat, which is one of the agricultural cooperatives, the Defendant may import and supply the salted fish in China, and then deliver the Mat in one year, and the 25-45% Madern business was defective depending on the item.” The Defendant carried out a business in which the Defendant imports the salted fish in China and distributes it in Korea, thereby making profits a lot of business.

On April 13, 2011, the Defendant stated that “When importing salted fish in China, the Defendant would sell it with 30% of the sales proceeds remaining. If the Defendant borrowed the delivery proceeds, then the Defendant would pay the principal and the profits by performing the business of cutting down the salted fish.”

In fact, the Defendant did not have separately managed approximately KRW 2 billion, and around July 2009, the F the Defendant’s operation was virtually closed, and even if the Defendant borrowed money from the victim due to the poor level of GD established by the Defendant, the Defendant did not have the ability to pay profits by importing the salted fish and distributing it in the Republic of Korea. At the time, the Defendant did not have the ability to pay profits even if he borrowed money from others because of the absence of the company’s operation funds.

On April 13, 2011, the Defendant: (a) by deceiving the victim, received KRW 3 million from the foreign exchange bank account in his own H as the borrowed money related to the importation of salted fish from the victim; (b) and (c) around that time, from around July 11, 201 to around July 201, the Defendant acquired it by deceiving KRW 134 million in total as the borrowed money or the investment money on six occasions, as shown in the attached list of crimes.

[2014 Highest 253] The Defendant is a graduate school managing Chungcheongnamnam University around February 25, 201.

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