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(영문) 창원지방법원 2015.06.24 2015고단218
사기
Text

Defendants shall be punished by imprisonment for ten months.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person engaged in the secondhand machinery trading business in Gangseo-gu Busan Metropolitan City D with the trade name "E", and Defendant B is a person engaged in the manufacturing of piping valves in the trade name of "G" from Kimhae-si F.

Despite the fact that Defendant B purchased one of the presses owned by Defendant A, the Defendants: (a) pretended to purchase the above public machinery for business operation funds; (b) applied for a lease contract with the Defendant Hyundai Syer Social Co., Ltd. for the remainder of KRW 200 million out of the purchase price; and (c) conspired Defendant A to use the remainder of KRW 150 million among the above money, and Defendant B conspired to use KRW 50 million in installments, respectively.

Defendant

B around November 18, 2013, at the E office of Defendant A’s operation located in Gangseo-gu, Busan Metropolitan City, the victim company’s name-free employee (“E”) decided to purchase 1,00,000 won of 250,000,000 won of 50,000 won as the down payment. As such, the above public machinery as the leased object would be paid KRW 20,000,000,000 to E. For this reason, the said 200,000 won as the lease fund will be paid monthly in 6,307,947 each month for 36 months as the lease fund, and the lease application was prepared to the effect that “The above 200,000,000 won will be paid as the lease fee” was delivered as well as the documents necessary for the lease transaction, such as the sales contract.

The Defendants, as such, by deceiving the above staff in charge of the above lease, concluded a contract for facility lease (financial lease) with the content of KRW 250 million, KRW 36 million, monthly rent of KRW 6,307,947, which is the acquisition cost of KRW 200,000,000, KRW 366 months, monthly rent of KRW 6,307,947 with the victim company and acquired it by transfer.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Application for social goods and facility leasing;

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