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(영문) 울산지방법원 2016.10.25 2016고단2156
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 24, 2012, the Defendant: (a) established and operated a gold-type processing business chain “C (representative D)” in Ulsan-gun, Ulsan-gun, U.S. on a substantial basis.

On March 29, 2013, the Defendant entered into a lease agreement with BNK Capital Co., Ltd. and one unit of CNC PPler (OKMA-MDB20/40) (hereinafter “instant public machinery”) (hereinafter “instant public machinery”). On March 29, 2013, the Defendant used the instant public machinery at C’s office located in Ulsan-gun E, Ulsan-gun, with the cost of acquisition KRW 230,00,000,00, monthly rent of KRW 5060,000).

On November 2013, in operating C, there was a difference between KRW 550,00,000 and KRW 30,000,000,000 for employees, and there was a difference in financing, such as the overdue wage for employees, and the Defendant formed a “F G” with the same human and material composition with C, and concluded a double lease contract with D, the representative of C, as a lessee, as a lessee, and F, as a representative G, as a lessee.

On November 22, 2013, the Defendant concluded a lease agreement with the victim Hyundai Social Co., Ltd. on the instant public machinery through G at the F office located in Ulsan-gun E, Ulsan-gun, and had the employees in charge of the victim company committed as if the ownership of the instant public machinery was in C.

However, the Defendant was actually operating both F and C.

In addition, the Defendant used the instant public machinery from BNK Capital Co., Ltd. on March 2013, but did not pay the lease fees in full, and there was ownership of the instant public machinery in the BNK Capital Co., Ltd.

Nevertheless, by deceiving the victim company as above, the defendant entered into a lease agreement with the victim company (220 million won, deposit money of 55,000,000 won, monthly lease fee of 4,198,696 won, and period of 48 months) and received KRW 165,00,00 as the price for leased goods from the deposit account in the name of C company D around that time.

Summary of Evidence

1. The defendant;

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