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(영문) 대구지방법원 경주지원 2016.05.26 2015고단1106
범인도피
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 22, 2015, the Defendant appealed from the Daegu District Court and on December 2, 2015, one year and six months of imprisonment for fraud, etc. and is currently pending in the trial.

【In fact, H, who actually runs the Defendant and the Plaintiff Company I (hereinafter “I”), was planned to enter into a contract for the lease of facilities with the Defendant and the Plaintiff, Korea, and the Plaintiff, with the aim of purchasing one of the CNC besing machine (hereinafter “instant CNC smuggling”) from the I Company for the purpose of self-financial financing around May 2013.

The term "facility lease agreement" means a financing method prescribed by an agreement between the parties regarding the disposal of the goods after the expiration of the period of use with the acquisition of the leased goods selected by the customers for use by the customers for a certain period of time, being paid a certain amount of price periodically in installments.

However, the Defendant and H planned to dispose of the above CNC smuggling 1 as soon as they received the loan, and there was no intent to actually sell or use the loan. As such, the Defendant could not receive the loan if the loan was granted only to the above CNC smuggling 1. Therefore, two CNC NC lines (hereinafter “instant CNC group”) that were already purchased and used by the Defendant were also offered to receive the loan from the victimized party, citing documents as if they were purchased from the I company.

H In accordance with the above public offering, H prepared a estimate and tax invoice for the two aforementioned CNC smuggling 1 and CNC group, and delivered them to the Defendant.

In doing so, two above CNC wires are purchased from K Company around April 2013 by the Defendant;

5. Around October, 100, it was a thing offered as security for transfer to Han Bank.

On May 14, 2013, the Defendant entered into a contract for facility leasing with the victim of the instant CNC Monitoring 1 unit and CNC group 2 unit with the victim on May 14, 2013, and the victim 1 unit of the said CNC monitoring from the I company.

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