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(영문) 광주지방법원 2017.05.18 2016노2146
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (three years of suspended sentence in one year and six months of imprisonment) is deemed to be too unhued and unfair.

2. According to the instant contract (standard contract for the collection business entrusted to the private sector), the Defendant is entitled to claim compensation for collection under his/her own name only for the waste vinyl directly collected from his/her farmland (Articles 2 and 8(3)), and the farmer is obliged to claim compensation for collection of waste vinyl collected and stored in farmland under his/her name (Articles 2 and 8(2)), and the act of collecting waste vinyl from a specialized collector, such as secondhands, is prohibited on the ground of termination of the contract (Article 12(1)11). However, the Defendant acquired compensation for collection in a manner that the farmer collects waste vinyl, which he/she collected from the secondhands, from the farmland, from the farmland to the end of the contract.

The instant contract was concluded to collect agricultural waste generated in D military (Article 1), and waste vinyl already stored in D military (Article 1) is not collected, but is not a waste vinyl in the state of being left on farmland, and its source cannot be confirmed as the owner of farmland in D military. Thus, the compensation for collection should not be paid.

It is also the reason why the instant contract prohibits the collection of waste vinyl from a specialized collector, such as solid height, as a reason for termination of the contract.

The Defendant, when claiming compensation for collection of the waste vinyl, he/she himself/herself, used ten borrowed accounts, such as G, etc. (363 pages of investigation records). In other words, 10 persons, such as G, etc., did not collect and store waste vinyl from his/her own farmland, but the Defendant acquired the compensation by deceiving 10 persons, such as G, etc., as he/she collected and collected the waste vinyl, which he/she collected from his/her own farmland, from his/her own farmland, using the method of deceiving them as if they were the waste vinyl that he/she collected.

The defendant shall have ten borrowed accounts, such as G, etc.

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