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(영문) 광주지방법원 2015.12.11 2015고합391
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

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

Reasons

Punishment of the crime

On June 25, 2015, the Defendant was sentenced to three years of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on October 23, 2015.

The Defendant is a person who is supplied with agricultural materials, such as fertilizers, from manufacturers in the name of "D" in Gwangju Mine-gu C, and sells them to farmers and collects fees.

피고인은 2013. 3. 20. 광주 광산구 E에 있는 ‘F’에서 피해자 대덕에프알디 주식회사의 직원인 G에게 “대덕에프알디 주식회사에서 생산하는 유기질 비료인 ‘두배로’와 ‘쑥쑥비’를 D에 공급해 주면 거래처인 농가에 판매하여 인수증을 받아 농협에 제출하겠다. 수수료로 1포 당 1,600원을 지급하여 달라.”라고 말하였다.

However, the Defendant was in a state of excess of the obligation without any specific property. Rather, the Defendant intended to sell the supplied fertilizers to the farm household and receive cash settlement and use them for living expenses, repayment of debts, etc., so even if the victims were supplied with fertilizers, the Defendant did not have the intent or ability to have the victim receive the payment of the fertilizer from the agricultural bank by submitting to the Agricultural Cooperatives a certificate of acceptance received from the farm.

As above, the Defendant, by deceiving the victim and being supplied with a total sum of KRW 20,410,00 from the victim on March 31, 2013, was supplied with a fertilizer of KRW 2,600,00 from that time to December 11, 2014, and was supplied with a total of KRW 586,70,03,080 from the victim on nine occasions as shown in the list of crimes in the attached list of crimes.

On February 2015, 2015, the Defendant, “2015 Gohap405,” expressed an attitude that he would supply the victim K with money, stating “I will pay the amount of money to be returned to the victim K by February 13, 2015,” at the I farm located in the Cho Sung-nam-gun H.

However, the defendant from around 2013.

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