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(영문) 의정부지방법원 고양지원 2016.11.11 2016고단1578
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant was the representative director of D Co., Ltd., the purpose of which is to carry on the main business in S in S.

Around August 27, 2013, the Defendant entered into a contract with the victim E to grant the exclusive right of selling and selling the above two factories at the same time at the same time with the machinery installed in the above two factories (Dalun, Samun Foundation, Homan Machinery, KOB US) as security to return the deposit money, where the Defendant purchased the machinery from the blind main shop and paid 300 million won to the factory as soon as possible because it is thought that the machinery would be assigned to the factory. 300 million won per week, the Defendant would be 50 to 400-5 million won per month.).

However, the machinery that the Defendant offered as security to the victim is not owned by the Defendant, but owned by F, and the Defendant concluded a lease contract with F without paying a deposit of KRW 30 million for the said machinery, and thus, it was impossible to offer it as security to the victim.

As above, the Defendant, by deceiving the victim and deceiving him/her from the victim, KRW 100 million around August 27, 2013, and the same year.

9. A person received KRW 100 million around 14.1 billion, and KRW 100 million around 10.10 million in the name of the Defendant to the Agricultural Cooperative Account in the name of the Defendant.

Accordingly, the defendant deceivings the victim and obtained a total of KRW 300 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Investigation report (as to attachment of a long-term machinery lease contract);

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. The defendant and his/her defense counsel's assertion of the relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act regarding criminal facts and the choice of punishment shall be determined at the time of the conclusion of the contract for exclusive profit-making.

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