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(영문) 대구지방법원 서부지원 2016.08.09 2015고단159
사기등
Text

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

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

"2015 Highest 159"

1. From March 15, 2013, the Defendant: (a) between the victim Q Q (Representative Director) corporation in Bupyeong-gu R and the first floor of Bupyeong-gu, Incheon; (b) purchased livestock products from the livestock farm; and (c) sold livestock products under the name of the victim to the customer known to the Defendant by receiving them from the injured party; and (d) deposited the livestock products directly to the injured party; and (e) the Defendant agreed to receive fees from the injured party.

On March 2013, the Defendant purchased a livestock product from a livestock farm and entrusted sales to himself/herself, and made a false statement to the effect that he/she would sell the livestock product and then deposit the price into the account of the victimized party.

However, the defendant needs living expenses at the time of the bad credit holder, and has maintained the existing transactional relationship.

Since there are a large amount of outstanding amounts on T, etc., even if they were to be supplied from the victim, they did not think of sale to wholesalers, retailers, etc. in the name of the victim, but did not intend to sell them in the name of the victim. After selling them in the name of T and settling accounts of the outstanding amounts on T and the outstanding amounts on T, etc., the payment deposited in the account of T and/or the account of the defendant's father, and then using the money deposited in the account of other customers for personal living expenses, etc., so there was no intention or ability to sell the livestock products of the victim in the name of the victim or to deposit the sales amount of livestock products to the victim normally.

The Defendant written on March 27, 2013 at least 40 swine 40 tons (amounted to 12,231,122 won), on March 28, 2013 (amounted to 22,989,164 won), on March 28, 2013, 8 species (amounted to 5,843,70 won), 40 swine 40 tons (amounted to 14,608,397 won), on April 4, 2013 (amounted to 15,141,893 won), on April 5, 2013, and on April 28, 2013, the Defendant appears to have written the indictment as a clerical error.

40 heads of pigs (amount 16,310,289 won), April 2013.

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