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(영문) 창원지방법원 2018.07.12 2017고단4351
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A is a person who operates a factory machinery wholesaler whose name is ‘‘(G company’s’’) in Kim Sea-si, Kim Sea-si, and Defendant B is a person who operates a component processing firm whose name is company ‘‘(I’’ in Kim Sea-si.

Defendant

A around March 17, 2017, at the above "I Company" office operated by Defendant B, the Defendant B sold the processed machine to Defendant B in the sum of KRW 2 million, KRW 98 million, and KRW 100 million (Additional No. 3).

Defendant

A is not only insufficient to pay the purchase price to Defendant B, but also insufficient to use the project cost.

Upon introducing the defective J to Defendant B, Defendant B made a loan of KRW 100 million from J, prepared a contract for sale by making the purchase amount of KRW 200,000,000, and Defendant B conspired with Defendant B to preferentially appropriate the loan of facility funds from the Small and Medium Business Corporation and to use the remainder to pay Defendant B’s obligations to Defendant B and to use Defendant B’s business.

Defendant

B In accordance with the above public offering, around May 18, 2017, at the victim Small and Medium Business Corporation's office located in Kimhae-si, 1134-1, the Plaintiff submitted a false sales contract, etc. that the “G Company” F sold the processing machine to the Defendant B at the Hyundai O company at KRW 200 million (Additional No. 3).

The Defendants deceiving K as above and transferred KRW 138 million to the Agricultural Cooperative account in the name of Defendant A’s F, as a facility fund around May 22, 2017, to the victim, from the Small and Medium Business Corporation. The Defendants were transferred KRW 35 million to the Defendant B’s Gyeong-nam account in the name of Defendant B.

As a result, the Defendants conspired to obtain 173 million won from the Victim Small and Medium Business Corporation.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Legal statement by the witness J;

1. K. H.

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