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(영문) 인천지방법원 2018.09.19 2018고단1577
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The Defendant was sentenced to a suspended sentence of one year on November 2, 2017 in the Incheon District Court 2016 High Court 8917, High Court 2017 High Court 355 (Joint Check Control Act) and the said judgment became final and conclusive around that time.

The defendant is a person who actually operates E and F by telecommunication meter manufacturing company in Nam-gu Incheon Metropolitan City D.

The Defendant, on January 27, 2014, entered into a lease agreement with a forest-free capital company (hereinafter referred to as “forest-free capital company”) on January 27, 201, in sequence 5 machinery listed in the attached list of crimes (hereinafter referred to as “the instant machinery 1 through 5”)

c) When the capital situation of the Company has deteriorated while occupying and using the machinery, the said machinery was used by another lending company to enter into a lease contract by deceiving the machinery as if it were not offered to the lease contract on its own, or to receive the loan by providing the said machinery as security.

1. On April 21, 2015, the Defendant, against the victim Korean Capital Co., Ltd., made a false statement to the effect that “the above machine is its own ownership not provided for a lease contract” to employees of the victim Korean Capital Co., Ltd. (hereinafter referred to as “Korean Capital Co., Ltd.”) after removing the risk signs of the flading Capital attached to the machinery Nos. 1 through 5 of the instant case.

However, the Defendant had already entered into a lease agreement with the galth Capital on the said machinery.

Nevertheless, the Defendant: (a) entered into a contract under which the Defendant, as above, deceiving the victim’s Korean Capital Capital and the instant machinery Nos. 1 through 5 with the cost of 120,000,000,000, deposit money of 36,000,000, and interest rate of April 21, 2015 to April 21, 2018 (total of 36 months) and 6.4% per annum; and (b) received 84,00,000 won, excluding the said deposit, from the victim’s Korean Capital Co., Ltd.’s corporate bank account (G) on the same day.

2. Fraud against the victim, stock company, and savings bank;

A. On the other hand, the crime on July 17, 2015 was committed.

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