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(영문) 대구지방법원 2016.09.22 2016고단1221
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person who operates an industrial machinery manufacturing enterprise under the trade name of "D" in Gyeonggi-si.

1. On July 2008, the Defendant’s fraud regarding the purchase price for the sprinklering machinery, the Defendant, at “G” factory operated by the Victim F in Sinsan-si around July 2008, shall purchase one of the sprinklering machinery to be used at the inside of the workplace, to the victim. In light of the circumstances, it is difficult to purchase it under the inside of the country.

To purchase a machine under the name of the party and pay a lease fee of an amount equivalent to 2 million won per month on the face of the party, and to pay a lease fee of an amount equivalent to 3 million won per month.

The phrase “ makes a false statement.”

However, at the time, the Defendant was bad credit and did not have any property or fixed income under the name of the Defendant, and there was no intention or ability to pay 5 million won or more per month machinery costs and usage fees even if the Defendant installed in the Defendant’s factory and operated the machinery in the name of the victim.

Around August 2, 2008, the Defendant, by deceiving the victim as such, had the victim purchase 1 of a covering machine in the name of the victim in Gyeonggi-do (Treatment Boling machine 110T) in the name of the victim at around August 2, 2008, and had the victim pay the lease amount of KRW 46,603,600 on behalf of the victim from September 20, 2008 to June 20, 201, the first month during which the victim paid the lease amount, thereby gaining economic benefits equivalent to the same amount.

2. On October 2012, the Defendant, at the “G” plant operated by the victim H in Busan Metropolitan City around October, 2012, intends to look at the said victim by purchasing a new automatic bowling machine.

Since the credit of the Party is problematic, it is necessary to pay the lease cost to the Party only once in the name of the Party because the Party has a problem in the credit of the Party.

In addition, it is possible to pay back the cost of the sprinklering machine purchased under the name of the party at the last time.

The phrase “ makes a false statement.”

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