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(영문) 부산지방법원 서부지원 2017.08.23 2017고단34
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A shall operate E Co., Ltd. (hereinafter referred to as “E”) that operates machinery parts manufacturing business, etc. in Gangseo-gu Busan Metropolitan City D, and Defendant B shall operate G that operates machinery supply business, etc. in Kimhae-si F.

Defendant

At around December 2013, A, at E office, proposed that Defendant B, who was known to it, was able to receive the purchase price from the victim company after accepting the request for the order for the lease of the leased goods from H in 2012, and that Defendant B would receive 1,3520,000 won of the purchase price claim of the goods previously held by the previous Defendant A with the purchase price, as if he was newly supplied from G (ST850V, PUMA280, PUMA40).

Accordingly, Defendant A entered into a contract for the lease of facilities (lease) with three main lines in the E office around February 7, 2014, as if G newly supplies three main lines in the middle and middle in the E office, Defendant B accepted the request of the victim Company B to place an order for the lease goods received from the victim, with the term “36 months of lease, the lease deposit amount of KRW 81 million, the acquisition cost of KRW 250 million, the lease fee of KRW 250 million, and the lease fee of KRW 553,510,00 per month.”

The Defendants received KRW 169,000,000 from the employees in charge of the victim company to the new bank account in the G name under the name of the middle half of the purchase price.

As a result, the Defendants conspired to acquire the property from the victim company.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes on the lease of facilities, estimates, certificates of acceptance of goods, written orders, acceptance of orders, details of deposit transactions, and copies of passbooks;

1. Articles 347(1), 30, and 347 of the Criminal Code for criminal facts.

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