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(영문) 수원지방법원 안산지원 2015.09.16 2015고단585
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around August 16, 2013, the Defendant purchased an 2010-type NC decping machine owned by a person without the name of the original body in original body, with the introduction of C affiliated with B around August 16, 2013, and the Defendant again agreed to use the said machine by paying the lease fee for the said machine through a facility lease agreement with the filial personality capital, and agreed to use the said machine at the Defendant’s factory from around that time.

During that period, the Defendant conspired with the above C in collusion with the company financial situation due to the impossibility of corporate financial standing, and sold the above machinery to the victim non-Esp Capital Co., Ltd., by pretending that B is a legitimate supplier for the above machinery, and the Defendant was willing to use it as if he were using it through a facility leasing contract with the victim, and take the purchase price for the above machinery from

Accordingly, on September 5, 2013, C sold the above machinery to the victim's business employees under the name of the victim's company, with the condition that deposit 18 million won, monthly rent 2,337,740 won, and C signed the facility leasing contract between the victim company and the defendant on September 5, 2013, and the defendant signed the above contract as the lessee at the D office in the management of the defendant's office located E 1ma 724, Siri-si, Siri-si on September 5, 2013.

However, as seen earlier, C and the Defendant had no authority to sell the above machinery to the victim company because C had already sold the filial capital in the name of C in excess of the ownership of C and C had no authority to sell it.

On September 5, 2013, the Defendant and C received from the victim the transfer of KRW 72 million from the corporate bank account (Account Number G) in the name of B Representative BF used by C on or around September 5, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A facility lease agreement;

1. A report on the examination of goods;

1. Details of termination disbursement/collection;

1. Each specification of transactions;

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