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(영문) 전주지방법원 2014.03.27 2013고단2144
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant received a subsidy from the competent authority on August 2010, and established an agricultural partnership E (hereinafter referred to as “E”) in the Seoul Special Metropolitan City E (hereinafter referred to as “E”) with the subsidies from the competent authority, and is a person engaged in the business of disturbing distribution while operating the said legal entity.

1. Fraud;

A. From February 28, 2011 to June 5, 2011, the Defendant: (a) committed the crime from around February 28, 2011 to around June 5, 2011, in the “H” of the victim G management located in the Jeonbuk-gun, Kim Chang-gun; and (b) the fact was bankrupt on January 28, 2011 by the said “E” corporation; and (c) even if the said corporation was supplied with guidance and sold it to others, the sales proceeds are consumed for personnel expenses and the Defendant’s living expenses, children’s school expenses, etc.; and (d) the victim did not have any intent or ability to pay the amount of money for the guidance to the victim from around February 28, 2011 to around February 28, 2011, the Defendant received the total amount of money for the supply from the victim, including KRW 300,000,000,000,000 from around 30,5715,7070,08.

B. The Defendant, from April 15, 2012 to September 5, 2012, paid only part of the above payments to the victim and suspended the Defendant’s disturbance supply for about 10 months. The Defendant is a person with bad credit standing, and the Defendant has no property to provide it as security to the Defendant, and is not entitled to receive corporate operating funds from the authorities. Even if the Defendant supplied guidance from the victim and sold it to others, the sales proceeds are expected to be consumed for personnel personnel expenses, Defendant’s living expenses, children’s school expenses, etc.

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