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(영문) 의정부지방법원 2016.10.18 2015고합266
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Of the crimes No. 1 and the crimes No. 2 of the holding, the defendant shall be punished by imprisonment with prison labor for each of the crimes set forth in the Code No. 42 through 90.

Reasons

Punishment of the crime

On July 26, 2013, the Defendant was sentenced to a suspended sentence of one year for the crime of occupational embezzlement by the District Court of the Republic of Korea on July 26, 2013, and the said judgment became final and conclusive on August 3, 2013.

"2015 Gohap266"

1. The victim F-related criminal defendant was a person who had engaged in the agricultural product supply business used for school meal services with the trade name “H” in Yeongdeungpo-gu Seoul Metropolitan Government G.

On December 1, 2012, the Defendant entered into an annual agricultural product supply contract with the J of the victim FF Co., Ltd. (former I) on December 1, 2012 and H from H to December 31, 2013, providing the victim with monthly agricultural products and paying an amount calculated by adding 3% interest to the price of supplied agricultural products during the following month. However, the Defendant is not informed the victim of the number of transactions necessary for each month to the victim’s side, not being being supplied with agricultural products, but required the victim to transfer the amount of funds to be supplied to the Defendant’s side by the victim to the shipper of agricultural products who is affiliated with the Defendant. The Defendant immediately borrowed funds in the form of money laundering from the victim by receiving the funds from the shipper of agricultural products, and then borrowed funds from the victim to purchase and supply agricultural products as school meal services and borrowed funds from 100 million won to the victim to pay 100 million won or more to the victim with 200 billion won or more, and thus, the Defendant did not borrow funds from 10000 billion won or more.

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