특정경제범죄가중처벌등에관한법률위반(사기)방조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.
2. The crime of this case is a case where the defendant's operation of a manufacturer company manufacturing and selling industrial machinery, such as line, did not directly sell the machinery to the supplier company that actually requires machinery, and used sales techniques that intervenes in the middle, and caused damage to the lessee's total amount of KRW 1.49 billion, including the mechanical value, to the lessee three times by either disposing of the lessee company double by deceiving the lessee or arbitrarily disposing of the machinery sold to the lessee company, etc., and causing damage to the lessee over three times ( KRW 1.73 billion, KRW 62 billion, KRW 600,000,000). Nevertheless, the result of the crime is significant. Nevertheless, the defendant's escape from each of the facilities of this case for about one year rather than seeking a solution after the occurrence of this case, and still remains a substantial damage to the lessee company (in particular, the victim escape Capital Co., Ltd. (hereinafter referred to as "progndial capital").
(A) Circumstances, such as the lease fee, etc., in which approximately KRW 470 million has not been recovered and remaining, are disadvantageous to the Defendant.
However, the Defendant’s act of fraud with respect to the instant team was committed in the first instance trial, and was punished in the course of the mechanical supply in accordance with the need of F (ManagementR) Co., Ltd., a business partner, the Defendant had been suffering from the shortage of funds. The Defendant’s act of fraud with respect to the instant team appears to have little substantial damage upon double acquisition of the instant team and payment of rent. The Defendant’s act of fraud with respect to the instant team did not receive rent equivalent to KRW 70,680,361, which is the initial purchaser of the instant team (hereinafter “Sone Star Lease”). However, Lone Star Lone Star filed a complaint with R as embezzlement for the disposition of the instant team and was punished for six months by imprisonment for R.