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(영문) 대구지방법원 경주지원 2015.12.22 2014고단580
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

Defendant

B. The summary of the judgment on Defendant B is not known to the public.

Reasons

Punishment of the crime

[2014 Highest 580]

1. Around May 2013, Defendant A (hereinafter “Defendant”) and H planned to enter into a contract for facility leasing with the Victim Capital Co., Ltd. (hereinafter “Defendant”) in order to purchase one of the CNC beding machine (J; hereinafter “instant CNCing”) and its peripheral devices from Company I (hereinafter “I”).

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

However, when the Defendant and H obtained a loan by means of a facility leasing contract only for the above CNCing one, they did not obtain a loan to the extent that it could purchase the peripheral devices of the above machinery. As the Defendant had already purchased and used two BNC Group (LYNX-220C; hereinafter “CNC group”), two BNC Group (LYNX-220C; hereinafter “the instant CNC group”) were offered to obtain a loan from the victim.

H, according to the above public offering, he prepared a quotation and tax invoice for the two above CNC Monitoring 1 and CNC Line 2, and delivered them to the Defendant.

However, the two above CNC Line was purchased from K company around April 2013 by the defendant;

5. around 10.10. A thing offered as security for transfer to Han Bank Co., Ltd.

On May 14, 2013, the Defendant concluded a facility leasing agreement with the victim of the instant CNC smugglinging 1 and CNC group with the victim on May 14, 2013, and concluded a false statement that the victim purchased not only the said CNCing 1 but also the said CNC group with the victim.

In addition, the defendant, while entering into the above contract, shall make a quotation and tax invoice received from H.

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