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(영문) 대구지방법원 2017.08.22 2016고단4730
사기등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

(b) will provide for KRW 2 million;

The phrase “ makes a false statement.”

However, according to the supply contract with H (H) concluded on November 10, 2014, the Defendant Company only performed the intermediate role of paying money to the subcontractor and did not have any actual intent or ability to pay the money. Therefore, the Defendant Company did not have any intent or ability to pay the money.

On August 13, 2014, the Defendant received 400,000,000 won from the injured party under the name of the Defendant’s bank account (J) with the Defendant’s wife I around August 13, 2014.

Accordingly, the defendant was given property by deceiving the victim.

On August 18, 2014, the Defendant of “2016 Highest 5234, the Defendant: (a) at D’s place of business operated by the Defendant located in K in Daegu-gu (hereinafter “instant machinery”); (b) one cabling (HTH-1100); (c) one cabling (HTH-100); and 25 million won (HL460*100); and (c) one cabling (hereinafter “instant machinery”).

The Defendant entered into a lease agreement with the effect that: (a) the lease amount of KRW 40 million, deposit of KRW 8 million, monthly rent of KRW 1009,271, and the lease period of KRW 36 months is limited to the right to possess and use the instant machinery during the lease period; (b) the ownership of the instant machinery is the victim; and (c) the location of the instant machinery cannot be moved without prior written consent. On the 20th of the same month, the instant machinery was delivered around the 20th of the same month.

The Defendant kept the instant machinery for the victim on April 17, 2016, and had L, an employee of the Defendant, move the instant machinery to a NN located in the Gyeong-gun, Gyeongbuk-gun without the victim’s prior written consent, and received a request for the return of the instant machinery due to the nonperformance of lease fees from the victim to the victim, but without justifiable grounds.

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