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(영문) 대전지방법원 천안지원 2016.09.20 2016고단844
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the de facto operator as the president of the “C Agricultural Partnership” established for the purpose of cultivating the flowers of mushroom seeds, growing, etc.

On September 3, 2014, the Defendant, at the office of the “C Farming Corporation” office of the fourth floor of the D Building in Asia-si, Asan-si on September 3, 2014, purchased five flowerss produced in the Republic of Korea at KRW 1,500 per annum, shall be directly managed by the Defendant, and shall be cultivated, produced, and sold by the Defendant.

The earnings are divided into 50:50, and if 15 months have elapsed after the investment, the full amount of the investment can be recovered, and thereafter only the profits can be received.

In addition, there is almost little possibility of failure to cultivate mushrooms, and there was a false statement that the site for the house to return to rural communities, which was being implemented in order to guarantee the principal of the investment, was issued two copies of the certificate of preferential profit in Korea trust and investment year by Korea's trust company.

However, at the time of the Defendant’s establishment of “C Agricultural Partnership” around July 2013 without his/her own capital on or around March 2013 when he/she was bad credit standing, but due to the shortage of business funds, the Defendant was in the situation where he/she was required to borrow a total of KRW 1.5 billion per month from the Nonghyup Bank, Daejeon Chungcheongnam Y Y, etc. taking loans equivalent to a total of KRW 1.5 billion in factory and site of the said corporation as security, and repaid the principal and interest of the loans each month. Since the deficit was accumulated, from January 2014, the Defendant was in arrears with his/her employees’ wages from the above corporation from around January 2014. From around September 2014, the Defendant was in the time of signing a contract with the victim at approximately KRW 75% of the closing death rate at the stage of growing in the five eth of the five spath and deliver promotional materials stating “the closing death rate” to the victim, and there was no possibility that the Defendant would actually have accrued farming at the same time.

(a).

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