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(영문) 창원지방법원 2016.06.09 2015고단1628

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a period of six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant 1, Changwon-si P, Changwon-si, Magu, 2015 Highest 1628, is a person operating Q "P."

When Defendant 1 experienced financial difficulties while operating the above company, Defendant 2, which was a machine for lease from around August 28, 2013 (LYX 200LA) of CNC Line used by the above company (LYX 200LA). However, Defendant 2, which was a machine for lease from around August 28, 2013 (LYX 200LA), had the intent to borrow money from the damaged party by hiding this fact as it was owned by the Defendant and providing it as security.

Around October 21, 2014, the Defendant made a false statement to the victim’s S office located in R of Changwon-si (“Defendant”) stating that “The Defendant borrowed money from the victim’s office to the two owners of machines owned in the Republic of Korea as security for transfer.”

The Defendant received a total of 57 million won from the injured party on October 21, 2014 and on December 28, 2014.

Accordingly, the defendant was given property by deceiving the victim.

On September 10, 2012, the Defendant entered into a lease agreement with the victim Samsung Card Co., Ltd. and one machine mining center ( model name: chemical VESA-1050), the market price of which is equivalent to 70 million won, and the machine mining center equivalent to 25 million won at the market price, and received delivery.

While the Defendant kept two parts of the leased machinery in Q Q for the victim, on December 2014, the Defendant arbitrarily transferred the two parts of the said machinery to the seller of the used machinery, for which it is impossible to know the name of the police officer in the middle of Q, to approximately KRW 30 million.

Accordingly, the defendant embezzled the victim's property.

"2015 Highest 3147"

1. On September 2, 2013, Defendant A: (a) in Q Q’s operation operated by the Defendant in Seongdong-gu T on September 2, 2013; (b) in the victim Korean Capital Co., Ltd. and the factory machine market price of KRW 30 million; (c) in the high speed line of KRW 1400 & KRW 80 million equivalent to the market price; and (d) around 800,000.