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(영문) 수원지방법원 안산지원 2018.08.07 2017고단2151
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for a period of two and half years, and by imprisonment for a period of six months.

2017 order 2151 case

Reasons

Punishment of the crime

The Defendants of "2017 Highest 2151" are distributors of used machinery, and victims I are known to investors in the distribution of used machinery.

1. Defendants’ crime

A. On October 15, 2014, the Defendants conspired to commit fraud on and around October 15, 2014, and “200 tons of panty press press machines have been installed to the victim” around October 15, 2014, and KRW 10 million is needed.

If the principal is lent KRW 10 million, it was false as follows: “The principal shall be immediately repaid as the machinery sold and the profits shall be divided into 1/3, respectively.”

However, in fact, even if the Defendants purchased the machinery because they did not secure a fixed and fixed machinery market in a state of finances, it is not clear whether they would be able to resell the machinery at a high price and receive profits. Rather, the Defendants received the machinery price at a higher price than the actual price and then thought that it would be used as office operating expenses and living expenses, etc., and even if they received money from the injured party, they purchased the machinery with the said money, and then did not have the intent or ability to preserve the principal and profits to the injured party.

The Defendants, as such, by deceiving the victim, received money from the injured party for KRW 10 million as the purchase of machinery around October 16, 2014.

B. On November 26, 2014, around November 26, 2014, the Defendants conspired to purchase 160 tons CS presses and 25 million won to the victim around November 26, 2014.

When lending KRW 25 million, the principal was false as follows: “The principal shall be immediately repaid as the machinery sold, and the profits shall be divided into 1/3, respectively.”

However, in fact, even if the Defendants purchased the machinery because they did not secure a fixed and fixed machinery market in a state of finances, it is not clear whether they would be able to resell it at a high price and receive profits. Rather, the Defendants received the machinery price in excess of the actual price, and then use it as office operating expenses, living expenses, etc.

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