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(영문) 창원지방법원 2015.12.16 2015고단1275
사기
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who has been engaged in mechanical manufacturing chain E, and Defendant B is a person who is engaged in the supply and repair of machinery in the trade name of F.

Defendant

A, in order to solve the pressure of funds, Defendant B, who had been aware of it, had already been installed and operated in the E plant, was asked to create an order acceptance and a tax invoice as if the supply was a new order for the CNC bargaining team machine (the supply price of KRW 180 million) and one of TITN bargaining team machinery (the supply price of KRW 120 million). Defendant B was already in use by accepting it, and the above CNC bargaining team machinery was already already offered as a security for transfer to MNS Capital Capital, and the above CNN bargaining team machinery was concluded with the Korea Capital Corporation, but it was a lease contract concluded with the Korea Capital Corporation, and the documents were tending as if it were newly purchased, and Defendant B conspired to receive the price of the above machinery as the ordering person.

Defendant

B around October 14, 2013, at the E office located in G in Kimhae-si, it concluded a lease agreement between the victim company and the acquisition cost, 30 million won, 36 months of lease, 6, 702,762 of lease fee, and 1 unit (supply cost of KRW 120 million) of TITN bargaining line machinery, and the purchase price, estimate, tax invoice, etc., to the defendant A, along with the written order issued by the above B, and the written order issued by the defendant A, submitted to the victim company and the acquisition cost, 30 million won, 90 million won of contract bond, 36 months of lease, and 6,702,762 of lease fee.

On October 15, 2013, the Defendants: (a) by deceiving the above staff in charge of the lease; and (b) obtained the money from the victim company to the Daegu Bank Account in the name of FF managed by Defendant B as the price for the said machinery from the victim company; and (c) obtained the money from the victim company.

Summary of Evidence

1..

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