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(영문) 창원지방법원 마산지원 2015.06.23 2014고단1197

사기

Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

A is a person who manufactures and processes industry machinery in Haan-gun, Haan-gun, Haan-gun, and Defendant B is a person who operates the "F" of the used machinery sales business in Gyeongnam-si, Gyeongnam-si, and the "F."

Defendant

A, a person whose business funds are insufficient while operating D, and who completed one flass (the name tmp1521) flass (the name tmp1521) flass (the name tmp1521) flass (the name tmp) which were already leased from the two capitals, as if he newly purchased from Defendant B, he was the victim flass Co., Ltd., and was able to use it for receiving the sales proceeds, and received the consent

On May 7, 2013, at the above D office, the Defendants conspired to prepare a false sales contract stating that Defendant B would sell the said machinery to Defendant A, and entered into a lease contract for the said machinery as if Defendant G would pay rent in time.

On May 14, 2013, the Defendants deceptioned the victim as above and acquired 49 million won through the corporate bank account in the name of Defendant B from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Application of a lease contract, a sales contract, or statutes;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act and choice of imprisonment

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant B: Although the reasons for sentencing under Article 62-2 of the Criminal Act recognize the Defendants’ mistake, the Defendants did not properly repay the damage and did not reach an agreement with the victim. However, Defendant B did not have any actual gain with respect to the crime, and the Defendants’ age, character and conduct, environment, motive and circumstance of the crime of this case, and the circumstances after the crime were committed, the sentence is imposed as ordered in consideration of the sentencing conditions indicated in the record.