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(영문) 창원지방법원 2015.06.10 2015고단469

사기등

Text

A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than ten months for each of the crimes of No. 2 in the judgment of the court below.

Reasons

Punishment of the crime

On October 15, 2009, the Defendant was sentenced to six months of imprisonment for embezzlement at the Changwon District Court on the 23th of the same month, and the said judgment became final and conclusive, and was released on March 30, 2010 from the Jinju Prison on parole on the parole on March 30, 201, and terminated on April 12, 2010.

1. The Defendant is a person who has been engaged in trading used machines with the trade name “J” in Gangseo-gu Busan Metropolitan Government I.

On February 28, 2009, the Defendant acquired 250 million won in total at the press machines owned by the victim Fran Capital Co., Ltd. (PCS-250D 1, PCS-200D 3) owned by the lessee company from the above L at the “M” factory located in Daegu-gu Franchi, Daegu-gu, 2009, by purchasing 40 million won in total at the market price of press machines owned by the victim Samsung Card Co., Ltd. (MCP-200 ON 1, MCP-160ON 2, PCS-250ON 1, 250,000 won in total.

2. A person who operates a factory in the name of “P” located in the Kimhae-siO [basic fact] N, without notifying the lessee of the small and medium-sized machinery purchased from the leased loan, sells it at low-price and acquires the price, in collusion with the lessee for the sales of the small and medium-sized machinery, and in collusion with the lessee for the sales contract for the small and medium-sized machinery at low-price, obtain loans from the lessee company for most of the purchase price, and then planned to acquire the price by again selling the small and medium-sized machinery at low-price as above.

Q was a person who operates a factory of the trade name “S” in the Kimhae-si R, and received the introduction of the above N from the land manager, and purchased the machinery as the lease according to the above method, and had the intention to sell it again.

The Defendant, who runs a mechanical sales business with the trade name of “E” in Kimhae-si, purchased machinery from N and purchased from N at low prices with a lease loan, and then left the profits from the sale.