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(영문) 대전지방법원 2014.07.03 2013고합403
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A was sentenced to imprisonment of three years and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daejeon High Court on April 22, 2009, and the said judgment became final and conclusive on the 30th of the same month. From September 1, 2005 to December 9, 2007, A served as the head of landscaping office in the F of E building from September 1, 2005 to December 1, 2007. Defendant B followed Defendant A’s behind it, and served as the head of landscaping office in the above F (State) from December 2, 2007.

1. Defendant A’s sole criminal conduct [Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)] stated on April 4, 2006 that the Defendant supplied 30 agricultural chemicals to the victim in the “I” in the “I” in the “I” operation of the victim H located in Daejeon-gu Daejeon-gu Seoul Special Metropolitan City to use in the “I,” and the F (State) intends to make continuous transactions with I, and that the payment will be made on a two-month basis.

However, the facts are as follows: (a) the Defendant was supplied with agrochemicals by the Defendant’s personal employees, not by the Defendant, but by the Defendant’s personal data, supplied them to K operating J on the intermittent value, and (b) was thought to be used as personal obligations, entertainment expenses, etc. by the Defendant’s payment; (c) even if the Defendant was supplied with agrochemicals from the victim, there was no intent or ability to pay the price properly.

Nevertheless, the Defendant, as seen above, conspiredd the victim with a false statement and received 30,000 won of 330,000 won of Kafin from the victim to June 7, 2008, by deceiving the victim for the same purpose 118 times in total, from that time, and obtained pesticides equivalent to KRW 904,95,150 in total as shown in the separate crime list (1).

2. The Defendants’ joint criminal conduct [Fraud] Defendant A’s personal criminal conduct (based on the fact that he was supplied with agrochemicals individually as above was sent to the victim H, leading the Defendant B who served as the head of F(P)’s landscaping office around July 2008.

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