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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
"2017 Gohap 43"
1. On November 1, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) made a false statement to the representative G of the victim FF farming association engaging in mixed organic fertilizer sales business at the office of the Defendant’s E office located in Seocho on November 2016, that “The Plaintiff shall deposit the proceeds from sales to the agricultural cooperative that entrusted the management of the city subsidy within the next month and the next three months after selling the mixed organic fertilizer to the farmer, and apply for the examination, and shall make the FF farming association pay the additional subsidy to the agricultural cooperative, and, in direct sales, immediately deposit the proceeds from sales.” On the 17th of the same month, the Defendant concluded a sales contract with the victim.
However, the Defendant, at the time, has borne approximately KRW 170,000,000 for personal debt, such as bonds, and had to pay KRW 50,60,000 per day of bonds every day. Thus, the Defendant sold fertilizers supplied from the injured party to KRW 3,00 for KRW 3,00 per annum or KRW 3,500 per annum, which does not reach half of the normal amount of KRW 8,000 for farmers. The money received from the farmers was used for the purpose of the principal and interest payment of bonds, and personal living expenses without making an application for examination with the Nonghyup. Thus, even if being supplied with fertilizers from the injured party, the Defendant did not have any intent or ability to direct the injured party to pay the amount to the injured party, or to directly pay the amount.
Ultimately, on November 17, 2016, the Defendant, by deceiving G as above, received from the injured party the mixed organic fertilizer of KRW 1,200 from H to KRW 9,60,000 ( KRW 8,000 per 20km 1 per Ma), and then received the supply of KRW 528,00,000 in total 54 times from April 30, 2017, such as the list of crimes in the attached list of crimes.
2. Fraud;
A. The Defendant around April 14, 2017.