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(영문) 대전지방법원 홍성지원 2018.04.17 2016고단961
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 961"

1. The Defendant was thought to use advance payment received from the Victim B Co., Ltd. as the operating expenses of the Defendant’s farming cooperative, and there was no intention or ability to resolve the discontinuance of trust on the D ground shopping building in Nam-gu Incheon Metropolitan City (hereinafter “instant suspension of trust”).

Nevertheless, on October 20, 2014, the Defendant is well aware of the members I of the National Assembly and his assistant to the G and the head of the housing project headquarters, the chairperson of the victim company, in the Nowon-gu Seoul Special Metropolitan City E building F of Seocheon-gu around October 2014.

It is expected to suspend the trust of the D ground shopping building in South-gu Incheon Metropolitan City D ground shopping district.

“A service contract was concluded with the victim for the affairs such as resolving the suspension of trust of the above building with the victim’s service price of one billion won.”

The defendant deceivings the victim as above, i.e., he received 20 million won as advance payment of the above service contract from the victim, i.e., remittance from the victim to the J bank account under the name of the defendant, and at the same time, he received money and other valuables from the attorney and handled legal affairs.

"2016 Highest 990"

2. On November 30, 2013, the criminal defendant against the victim L would pay the victim L with transportation cost by transporting five seeds from the NFF and the OF chip.

The phrase “ makes a false statement.”

However, at the time, the Defendant had no intent or ability to pay the transport cost to the victim for the following reasons: (a) approximately KRW 1,500,000,000 for P Bank loans to Q Co., Ltd; (b) approximately KRW 1,000,000 for loans to Q Co., Ltd; (c) KRW 950,000,000 for R’s construction cost obligations to R; and (d) approximately KRW 300,000 for loans to N Farming Cooperatives; and (b) the Defendant had no intent or ability to pay the transport cost to the victim due to the Defendant’s obligations to the person who subscribed to the return to farming and fishing villages and to the king five entrusted farming families.

The defendant deceivings the victim as such, and thereby is the victim.

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