beta
(영문) 인천지방법원 2018.06.14 2018고정1203

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates manufacturing and construction business related to civil engineering in the name of “C” in the Nam-gu Incheon Metropolitan City.

On July 28, 2015, the Defendant entered into a lease agreement of KRW 50 million (sale of machinery owned by an enterprise and re-loan of it) with two units of "NT30D (Food in 2006)" in the victim D's D-LB and submitted a "certificate of full payment of lease" with D as evidence that the leased article is owned by the Defendant himself.

However, in fact, 2 cases of the above "NT30D (Food in 2006)" were owned by E, and the defendant had no ability or ability to make a lease contract with the victim DNA Co., Ltd. from the beginning.

The defendant submitted "a certificate of full payment of lease contract" to the victim D non-slick Co., Ltd. for the above two cases, which had been used by the defendant under the lease contract with E, and concluded a lease contract with the victim as if it were owned by the defendant himself.

As such, the Defendant, by deceiving the victim, received 25 million won as the sale amount of 'two doping machines' from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a complaint, lease contract, specifications of lease contract, certificate of acceptance, written estimate, certificate of full payment, certificate of business registration, and business registration certificate;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;