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(영문) 창원지방법원 진주지원 2016.02.16 2015고단1032

사기

Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal records] On November 18, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution on July 10, 2015 for violating the Labor Standards Act in the Jinwon District Court's Jinju branch.

[2] On July 24, 2013, the Defendant: (a) sold 7 punching Center and 8 punching machines owned by the said company to the victim Company Afunch Capital; and (b) paid rent of KRW 140 million for the said 8 machinery to be used as it is, and KRW 3,571,500 on the 15th day of each month between 36 months and 36 months; and (c) concluded a contract for the lease of financial facilities (lease) under the conditions under which ownership of the said machinery is transferred at the expiration of the period.

However, in fact, the Defendant: (a) sold the said 8 machinery to the victimized company, which was offered as collateral by transfer to E around April 26, 201 and around January 25, 2013; and (b) on September 6, 2011, the 6 machinery, including the 4 machinery that was offered as collateral by transfer to E, had not been offered as collateral to other creditors; (c) concluded a financial facility lease contract after selling the said machinery to the victimized company; and (d) from around 2011 to around 2014, the Defendant did not have any intent or ability to implement the said financial facility rental contract, including the 6 billion won of the debt at the time, and the wages not paid to workers from around 2011 to around 2014, up to 170 million won.

As such, the Defendant, by deceiving the victim, received from the victim the money of KRW 110 million, excluding the deposit of KRW 30 million, from the victim to the money of KRW 140 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (F telephone conversations);

1. List of machinery and apparatus, facility leasing agreement, specifications of appraisal and assessment of machinery and apparatus, acceptance agreement, business trip name;