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(영문) 창원지방법원 마산지원 2019.01.18 2017고합72
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for two years, for two years and six months, for Defendant B, and for one year, for Defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

【Defendant A was sentenced to one year of imprisonment for a crime of fraud at the Incheon District Court on May 19, 2016, and the said judgment became final and conclusive on October 10, 2016.

Defendant

B On December 24, 2015, the Daegu District Court sentenced 4 months of imprisonment to the violation of the Labor Standards Act, and the said judgment was finalized on February 12, 2016.

Defendant

C was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in the Busan High Court on October 16, 2008, and the parole period was expired on September 30, 2010 during the execution of the sentence in the Jinju prison on September 15, 2010. On August 25, 2016, the Changwon District Court was sentenced to six years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Jinwon District Court on August 25, 2016, and the said judgment became final and conclusive on May 11, 201.

【Criminal Facts】 Defendant A, B, and Defendant A are those engaged in real estate brokerage and good offices, and Defendant B is those engaged in the business of real estate brokerage and good offices, and Defendant B is those who run the “Co. E” (hereinafter referred to as “E”) a stock company, which is an agricultural product processing and distribution company located in Chungcheongnam-gun, Chungcheongnam-gun, and Defendant C is those who work as auditors from “F”, a food material distribution company located in Daegu North Korea-gu.

G Co., Ltd. (hereinafter referred to as “G”) is an agricultural company located in Y in Gyeong-gun, Gyeong-gun, Chungcheongnam-gun, and has been operating agricultural products distribution business in such a way as to pay profits by directly purchasing agricultural products produced by Y-gun farmers and then processing and packing them, or selling agricultural products to enterprises, such as large-scale retail stores, etc. after acquiring agricultural products produced by Y-gun farmers and then deducting certain fees, and then paying sales proceeds to farmers.

1. The crime G related to the credit transaction agreement for agricultural products is to operate the above business and enter into an agreement with the distributor of food materials on credit with the aim of increasing the performance of the business instead of directly engaging in real transactions, and then the relevant distributor directly produces agricultural products from the purchaser.

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