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(영문) 창원지방법원 2014.11.07 2014고단1095
사기미수등
Text

Defendants shall be punished by imprisonment for one year and six months.

Reasons

Punishment of the crime

[2014 Highest 1095] Defendant A: (a) concluded a lease agreement with a leasing company and deducted leased machinery from E and F; (b) received a false report to obtain insurance proceeds from an insurance company; and (c) made a false report to receive insurance proceeds; (d) made a false report to the leasing company under the name of “G” established by F to do such work loan; and (e) made a false report to the leasing company by entrusting the representative director in the name of “H” established by F upon receipt of a proposal to provide one-time work loan from the above F; (c) Defendant B made a false report to the leasing company; and (d) under the above F’s direction, Defendant B took charge of the process of concluding the lease agreement; and (e) made a false theft of the leased machinery that entered into the lease agreement; and (e) sold the machinery to the leasing company, such as selling it in succession, in order.

1. Joint crimes committed by Defendant A, F, I, E, and K;

A. A. Around April 19, 2013, the Defendant, along with F and I, entered into a lease agreement with the said G G’s establishment located in Kimhae-si, stating that a total of KRW 215 million is 36 months, lease period, KRW 4,962,049, with respect to a total of KRW 200,000,000,000,0000,000,000,000,000,000,000 won and KRW 4,062,049, while having kept the said machinery, at around that time, K arbitrarily sold one of the CNC Line’s machinery to NFO at its own discretion and embezzled it.

Accordingly, the Defendant, in collusion with F, I, E, and K, embezzled one machine of the CNC Line as above, and embezzled it from the above date to June 9, 2013, by accepting 16 machinery worth a total of 980,69 million won from the above date and time, such as the list of crimes (1).

B. Around July 23, 2013, the Defendant attempted fraud: F, I, E, etc. was leased by the Korean Capital Capital (State) at the Western Police Station of the Western Kimhae on the following occasions: four of the CNC Line machinery.

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