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(영문) 광주지방법원 2013.11.29 2013고단153
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 18, 2011, the Defendant: (a) supplied the victim E with a heavy rain from agricultural cooperatives, F, Co., Ltd., Ltd., to supply the by-products (e.g., f, f, f, f, and f, etc.) by using the small by-products; (b) however, deposit KRW 130 million to agricultural cooperatives to conduct a severe business with agricultural cooperatives; and (c) grant KRW 50 million to B, before August 19, 201, to agricultural cooperatives, KRW 50 million to deposit the money with agricultural cooperatives; and (d) received a lawsuit from the following week after receiving the lawsuit by-products; and (e) from F, the Defendant supplied KRW 50 million to the small by-products supply contract to the small by-products supply contract; and (e) supplied KRW 80 million to F, a corporation from the following week to the end of 16th week to the end of the following week.

However, the fact is that the defendant's company established around August 23, 201, was one of the defendant, and the defendant did not have any intention or ability to supply the by-products to the victim even if he received the advance payment from the victim, and the defendant did not have any intent or ability to supply the by-products to the victim even if he received the advance payment from the victim, because the dispute remains, such as the payment of approximately 46 million won to the Gacheon Livestock Cooperatives, which was already occurred at the time of the contract with the victim, and the payment of the advance payment for the Gacheon Livestock Cooperatives was refused.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) caused the victim to deliver KRW 50 million to G on August 19, 201; and (c) received the above KRW 50 million from G on August 22, 2011.

2. As referred to in paragraph 1, the Defendant supplied the victim E with by-products and provided approximately 15 dus over two occasions.

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