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(영문) 대전지방법원 서산지원 2016.07.15 2016고단350
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for four months.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant against the victim F and G is a person who serves as a substantial representative of H farming association corporations.

On March 7, 2014, the Defendant is entitled to enter into a lease agreement with the victim F and G on farmland of approximately one million JJ district in the office of “H farming association (hereinafter “H association”) located in Seosan-si I.

From January 1, 2015 to December 31, 2015, each of the above farmland entered into a lease agreement with the victims, stating that the lease agreement for KRW 52,400,000,00 for each of the above farmland was concluded during one year from January 1, 2015 to December 31, 2015.

However, at the time, the Defendant, including the instant farmland, had a dispute over the farmland of approximately one million in JJ district (hereinafter “instant farmland”), other than H association, and the right to lease approximately 200,000 square meters of the leased farmland was already over to K Farming Association at around March 2014 when the victims entered into a contract with the victims. In particular, from around 2012, the Defendant entered into a lease agreement with the majority of farmers for five years with respect to the instant farmland, and even if the victims were to receive money in the name of the rent, there was no intention or ability to enable the victims to live in the instant farmland.

Nevertheless, the Defendant: (a) by deceiving the victims as above; (b) obtained KRW 52,400,000 from the victims on March 11, 2014 and March 14, 2014 to the NongHyup Bank account (N) in M, respectively, a total of KRW 14,80,000,000 from the victims, as rent; and (c) acquired the money by deception.

B. The defrauded against the victimO is entitled to enter into a lease agreement on the farmland of this case with the victimO at the place described in the port around July 8, 2014.

Of the above farmland, 50,000 square meters.

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