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(영문) 인천지방법원 2016.06.30 2016고단2421
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 9, 2015, the Defendant: “Around 2016, 2421,” phoneed the victim E from “D” located in Incheon Reinforcement Group C, and made a false statement to grant the sales proceeds when delivering 25,590 kilograms of rice to a place known to the victim E.

However, the defendant thought that the sale price of rice is used as a stock fund, so even if selling rice, he did not have the intention or ability to reduce the sale price to the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above and being delivered 25,590 kilograms of rice amounting to KRW 35,186,250 at the market price from the victim; and (b) from that time to August 10, 2015, the Defendant was issued a delivery of 74,076 kilograms of rice amounting to KRW 104,794,042 at a total of four times as shown in the list of crimes in the attached Table.

The Defendant, “2016 Highest 3218,” is the head of a factory of “D Co., Ltd., Ltd.,” engaged in processing and selling grain from the operation of G in Incheon Reinforcement-gun, taking charge of rice mills and rice packaging.

On July 14, 2015, the Defendant: (a) directed up rice of approximately KRW 9,000 g in quantity at the place of business of D Co., Ltd. of the said Incorporated Company; and (b) sealed 20 km in packaging materials of KRW 400 g and KRW 100 g in order to sell it; (c) marked on July 17, 2015, after three days from the actual date in the outer cover of packing materials, the date of painting on July 17, 2015.

Accordingly, the defendant expressed false date of grain for sale.

Summary of Evidence

[2016 Highest 2421]

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. A complaint, a transport photograph;

1. Investigation report (Investigation into a customer who purchased rice from the person under investigation) (2016 Height 3218);

1. Statement by the defendant in court;

1. Second-time protocol concerning G, examination of suspects of the police;

1. Reporting on the detection of violations of the Grain Management Act and reporting on the place of offense (G, A, and agricultural corporation D Co., Ltd.);

1. Application of the Acts and subordinate statutes governing false indications, evidence and photographs on the fixed date;

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.

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