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(영문) 창원지방법원 마산지원 2016.06.01 2015고단1078
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

In D operated by the Defendant in Changwon-si, Changwon-si, the Defendant: (a) stated that the Defendant maintained the CNC mining center joint machines leased by MNC Korea for the purpose of testing whether the machines were normally operated; and (b) stated that the said machines, as if the machines were their own machines, were to sell the said machines and then, (c) provided money in a way that the said machines acquired the proceeds of the sale and re-manufactured the said machines.

On January 28, 2014, the Defendant, as an employee of the Victim BNK Capital Co., Ltd., who is a machinery siren, had the said machinery by deceiving the said machinery to be deemed the machinery of the Defendant, entered into a contract to trade the said machinery to the victim via F by the seller of the machinery, and at the same time entered into a siren contract from the damaged person for 36 months, and received money from the damaged person to the account in the name of F as the sale proceeds of the said machinery, from the damaged person to the account in the name of F as the sale proceeds of the said machinery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of F in the first interrogation protocol against the accused prepared by the public prosecutor;

1. Statement No. F and E in the second suspect examination protocol against the accused prepared by the prosecutor;

1. Each statement made by the police with respect to G and H;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of suspect A Personal Credit Report);

1. The reason for sentencing (the scope of recommending punishment) of Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts [the scope of recommending punishment] No person who does not have a basic area (1 to 4 years) (1 to 500 million won) [the person who is subject to special sentencing] [the sentence] two years of imprisonment (the crime of this case is committed by the defendant by deceiving the victim as if he was his own machinery after completing the work of the CNC mining center, Co., Ltd., Ltd., by deceiving the victim as if he had completed the work of the CNC mining center, which he was leased from this Korea, and thus, the crime is not good in light of the criminal law, the amount of damage, etc., and it is agreed or injured with the victim.

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