beta
(영문) 광주지방법원 2017.08.24 2016고단644 (1)

사기등

Text

The punishment of the accused shall be determined by two years and six months of imprisonment.

Reasons

Punishment of the crime

[2016 Highest 644]

1. A person who violates the provisions of the Construction Machinery Management Act shall register his/her construction machinery business with the competent authority;

Nevertheless, on August 6, 2012, the Defendant purchased a planting c460B 2006 from G located in Gwangju Mine-gu, Gwangju, the Defendant again sold it in KRW 13.5 million to (N) H, and on September 2012, the Defendant purchased the planting c460B 2002 planting F, Samsung LX473 1998 and sold it in KRW 35 million in total through I through the competent authority without registering it with the aforementioned method from February 2, 201 to December 2, 2014.

2. As stated in the foregoing paragraph 1, when operating G, the Defendant purchased heavy equipment at a low price in addition to the sale and lease of the equipment during construction, and received loans from a specialized lending agency in excess of the actual purchase price of the heavy equipment as security through a specialized lending agency.

During that period, the Defendant was aware of his knowledge on June 2012.

J from J, the nominal owner of the heavy equipment, while making loans to purchase the heavy equipment, and the buyer of the heavy equipment also accepted the loan.

In addition, J tried to identify a person with good credit to purchase heavy equipment and obtain a loan to K, and K was placed with the victim M through a paper L. The defendant was placed in the construction site to put heavy equipment into J and K. As the defendant requires a construction site to put heavy equipment into the construction site, it ordered the above victim to explain it at the construction site.

After June 2012, the defendant, J, and K have been employed in the above G office, J, and K, and K have been employed by the above victim "A has been employed as aggregate in the tinsan mountain, and there are many heavy equipment in tin mountain.