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(영문) 수원지방법원 안산지원 2021.02.15 2020고단2451
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around April 17, 2018, the Defendant entered into a lease agreement with the Defendant at KRW 24 million, the lease deposit amount of KRW 36 months, the lease amount of KRW 1,776,60, and the monthly lease amount of KRW 1,76,00,000, in terms of the middle- and high-speed line (in the model name: NAL) of the Korean public works machinery.

From around that time, the Defendant kept two above machinery in a factory in Si-si, Si-si, for the victim, the Defendant: (a) around June 2018, to F, who operates E, “E” at the above factory, sold at will the first half of the company in Si-si; (b) around March 2019, to H, who operates the above factory in Si-si, with the payment of KRW 42,90,000; and (c) sold at will the first half of the Korean factory in the above factory in Si-si, with the payment of KRW 24,20,000,000 to H who operates the “G” at the above factory in Si-si, and embezzled each of them.

2. On October 12, 2018, the Defendant entered into a contract with the company of J, and entered into a contract for manufacturing parts equivalent to KRW 1 billion with the victim I, an employee, at the office of a dispute settlement council office operated by the Defendant in Si-Gu, Si-si, Si-si.

In case of lending KRW 30 million, he/she shall receive the down payment from J to complete the payment.

“A false statement” was made.

However, the Defendant did not have entered into a contract with J for the manufacture of parts equivalent to KRW 1 billion. At that time, the Defendant had a debt equivalent to approximately KRW 400-50 million, and even if the Plaintiff borrowed money from the injured party due to the failure to pay wages to four employees in the absence of adequate payment of wages, there was no intention or ability to pay.

Nevertheless, the defendant deceivings the victim as above and acquired 30 million won from the victim to the corporate bank account (K) in the name of the company bank in the same day.

Summary of Evidence

1. Each police statement made by the defendant in the court against L, H and I;

1. Application of Acts and subordinate statutes to an application for a financial product, a lease agreement, a detailed statement of a lease agreement, a detailed statement of separate transactions in each account, a process certificate, an indoor calendar for profit, and a written confirmation of transaction details;

1. Criminal facts;

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