Defendant

A Imprisonment for two years, Defendant B shall be punished by imprisonment for one year and six months, and Defendant C shall be punished by a fine of 4,00,000.

Punishment of the crime

[2012 Highest 4101] Defendant A is a person who operates a company called “H” and “stock company I”. Defendant C is a person whose representative is registered in the course of operating the above “H” as Defendant A, and Defendant B is a person who operates the “J”.

1. On July 201, 201, Defendant A found a method of preparing funds because it is difficult to operate a company for the first time. Defendant A purchased EST machinery from Defendant B to purchase from Defendant B, and applied for lease to Defendant B, as if it had already been owned by the said “J”, on the ground that Defendant B had already been used in the said “H” machinery, Defendant A requested the said “J” to request that the said “J” pay part of the purchase price for the said machinery to lease. Defendant B consented thereto.

In addition, Defendant A asked Defendant C to explain the above purport, and Defendant C also consented thereto.

Defendant

Around July 6, 2011, C and Defendant A made a false statement to the staff in charge of the above H “H” office located in Daejeon Seo-gu, Daejeon, that “EM-gu, in need of the machinery, sold the machinery and sold it at J, and then sold it to H. The lease fee would be paid in accordance with the agreement.” Defendant B also made a false statement to the staff in charge of the above IM-gu, Daejeon-gu.

However, the EMM machinery, which is the object of the lease, was not owned by the above J, and the defendant A did not have the intention or ability to pay the lease fee.

Defendant

A, Defendant C, and Defendant B conspired to induce the employees in charge of the said Korean Capital Stock Company, and let the employees in charge purchase the IMM machinery from the said J and proceed with the process of leasing the H to the said “H,” on the same day.