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Defendant
FK shall be punished by imprisonment with prison labor for two years, by Defendant AF and AG, for six months, respectively.
(2) the date of this judgment.
Reasons
Punishment of the crime
[criminal history] On July 9, 2014, Defendant AG was sentenced to eight months of imprisonment for a crime in the Changwon District Court Branch Branch, which became final and conclusive on April 10, 2015. On October 21, 2015, Defendant AG was sentenced to a suspended sentence of two years for a year of imprisonment for a crime of fraud in the Changwon District Court's Jinju Branch, and the judgment became final and conclusive on the 29th of the same month.
[2015 Highest 1325]
1. Defendant FK
A. On September 5, 2012, the Defendant: (a) concluded a lease agreement with the Defendant’s “FO” operated by the Defendant, at Jinju-si, on the purport that “FO” means that “the Defendant, an employee of the FO Capital Group, who is an employee of the victim Republic of Korea, entered into a NO lease agreement to transfer the ownership of the group in question, and would provide financing; and (b) between the victim company and the company that consented to the agreement, the Defendant received KRW 35,00,000 for the first half of the “SK21” line used by the said FO; and (c) the Defendant transferred the ownership to the victim company with the ownership of KRW 35,00,000,000 for the first half of the “SK21” line used by the said FO; and (d) concluded a lease agreement with the victim company on November 16, 2012 with the same condition.
However, the above line was not owned by the defendant because the defendant was lent from the FS corporation.
Ultimately, the Defendant: (a) by deceiving the employees of the victim company as above; (b) obtained each transfer of KRW 25,000,000,000, excluding KRW 10,000,000 from the purchase price to the Agricultural Cooperative (FY) account in the name of the Defendant’s FT on September 5, 2012 and November 16, 2012, from the victim company to the lease price; and (c) obtained a total of KRW 50,00,000 from the said purchase price.
B. Around August 30, 2012, the Defendant: (a) received ownership of KRW 120,000,000 from the Victim Capital Co., Ltd. in Korea; and (b) the Defendant continued to use this machine for a period of 36 months.