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(영문) 창원지방법원 2017.12.20 2016고단3932
사기
Text

Defendant shall be punished by a fine of 20 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal Records] The judgment on the violation of the Labor Standards Act, etc. sentenced on November 3, 2016: Imprisonment with prison labor for 4 months/ suspended execution: the lapse of 2 years: November 11, 2016: the final judgment of the court [criminal facts] determined on May 27, 2015, the Defendant agreed to provide one machine "700 tons of a high voltage machine presse" to the victim as collateral in the process of concluding a lease agreement with the victim Korean Capital Co., Ltd., Ltd. and the radle one, and the radle one, which was operated by the defendant in Kimhae-si around May 27, 2015.

However, the facts are that the above press machine, which the defendant offered as security to the victim, is owned by the valid capital of the corporation, and the defendant only uses it according to the lease contract between the above effective capital and the above effective capital, so it cannot be provided as a valid security for the victim, and there was no intention or ability to provide a valid security upon the victim's request.

Nevertheless, the Defendant made a false statement as if the price of the above press machine was owned by the Defendant, and had the victim enter into a lease contract with the above press machine amounting to KRW 70 million at the market price as security, thereby having the victim acquire property profits equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act concerning a crime and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentence of Article 334 of the Criminal Procedure Act of the Provisional Payment Order is to be imposed (the case where Article 39(1) of the Criminal Act is not applied: the case where Article 39(1) of the Criminal Act is not applied): The number of days of detention before the sentence of a fine of KRW 20 million: The reason for an increase of 60 days: planned crime, the victim company's request for punishment (the amount of residual risk: KRW 184,200,00, interest on arrears, etc.) and the case where the court is absent (the first case).

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