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(영문) 대구지방법원 서부지원 2018.04.13 2016고단1135 (1)

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

"2016 Highest 1135" Defendant is a person who runs the industry with the trade name "D" in Daegu-gu C.

On February 2, 2015, the Defendant concluded a sales contract for recycled products and sold the scrap metal and non-ferrouss generated from the company to the victim E in the above D office to the victim E on February 2, 2015.

The sales amount shall be deducted from the deposit, and it shall be offered as security one press machine with no other security.

The phrase “ makes a false statement.”

However, the fact is that the funds are needed for the repayment of corporate operating expenses and debt, and the deposit is required under the condition of the exclusive supply of the victim and other businesses including the victim, and there was no intention or ability to exclusively sell the amount of scrap metal to the victim, and the machinery provided as security to the victim was already provided as security for transfer to the new bank.

The Defendant, as above, by deceiving the victim and deceiving the victim on February 10, 2015, received the total sum of KRW 20 million from the victim to the agricultural bank account in the name of F on February 10, 2015, and KRW 30 million from February 16, 2015 to the new bank account in the name of the Defendant on February 16, 2015.

"2017 Highest 995" Defendant borrowed KRW 250 million from a new bank around October 28, 2014, and fice 160t press equipment, E.

20t presson machines, large 8 machinery, including 3 machinery, such as large divers, were provided as object of transfer security.

In spite of the above loans, the Defendant was introduced H through G, a creditor, due to the shortage of the mechanical sale price, and the Defendant, H, and G conspired to sell the said three machinery to the victim DGB Capital Co., Ltd., and subsequently, the Defendant conspireded to acquire the said machinery from the victim as if he were using the said machinery through a lease contract with the victim.

. The above.