beta
Text
Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Criminal facts
The Defendant is the actual operator of “D” (hereinafter referred to as “D”) with the aim of running the business of Cheong-gu and Cheong-gu wholesale and retail business, and E is the representative director of D.
F has been engaged in trading with D and agricultural products while operating “G agricultural partnership” (hereinafter referred to as “G partnership”).
Around January 21, 2009, the Defendant, together with F and E, entered into an agricultural product transaction agreement with D and IF to the effect that “When IF purchased agricultural products from farmers who are members of the agricultural cooperative and supplied them to D, D will pay the price of agricultural products within one year, along with 2% fees,” at the economic office of the victim IF (hereinafter referred to as “IF”) located at L, A.I.D., the Defendant: (a) entered into an agricultural product transaction agreement with D and IF with D, the guarantee period of which is one year; and (b) submitted a statement of transaction stating the details of the supply of agricultural products, such as loans, to the agricultural cooperative through I; (c) on January 28, 2009; and (d) on the aggregate of KRW 630 million,000,000,0000,000,0000,000 won, around 61.7.6 billion,000,000
However, in fact, as if there was no fact that the above statement of transactions was supplied by farmers, F is false, and the Defendant and F and E have received the remainder of money appropriated for the obligations of G association to farmers from those farmers who received agricultural products in the name of the agricultural products from the IFF, and attempted to use it as the Defendant and F, E’s personal debt repayment or business fund, as agreed upon, and did not have the intention or ability to actually purchase agricultural products from the farmers through the IF.
Accordingly, the defendant, in collusion with F and E, induced IFF and obtained financial benefits equivalent to KRW 61,7560,000 from IF.
b)a summary of the evidence;