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(영문) 전주지방법원 정읍지원 2018.12.18 2018고단235
사기
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 11, 2008, the Defendant made a false statement that “The Defendant would supply pesticides first to B and pay the price after harvest to B” to the victim E.

However, in fact, the Defendant did not own property at the time, and the Defendant had a large amount of loan obligation even after receiving a loan from a financial institution, and thus, was required to use profits generated from farming companies in paying the principal and interest of living expenses and loan obligations, and thus, there was no intention or ability to pay the amount even if he/she received a pesticide from the injured party.

As above, the Defendant: (a) had the victim E by deceiving the victim; (b) had been supplied with pesticides equivalent to KRW 8,089,400 on a total of 26 occasions from around that time to July 1, 2009; and (c) had been supplied with pesticides equivalent to KRW 8,089,40 on a total of 26 occasions, such as the list of crimes in the annexed sheet of crimes; and (d) had been supplied to four victims total of KRW 45,727,00 on a total of 70 occasions from that time to July 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaint filed by the police against F;

1. A detailed statement of transactions of agrochemicals;

1. Characteric message photographs;

1. Response upon a request for cooperation in investigation;

1. Investigation report on data submitted by the defendant (report on the filing of a comprehensive list of suspects' debts in preparation of the Nonghyup Asset Management Company);

1. Application of Acts and subordinate statutes governing customer debts;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of the observation of protection and the sentencing of Article 62-2 of the Social Service Order Criminal Act is a crime committed by repeatedly purchasing agrochemicals, etc. from several victims on credit by using pesticide doctors that the defendant would obtain approval from the harvest period.

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