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(영문) 창원지방법원 2014.11.14 2014고단1260
사기미수등
Text

Defendant

A Imprisonment for five years, Defendant B, and F, for three years, and Defendant C, for one year and six months, and Defendant D.

Reasons

Punishment of the crime

[2014 Man-Ma1260] Defendant A and Defendant B, along with F, concluded a mechanical lease contract with a lessee company and deducted leased machinery from proceeds therefrom. The false report was made to divide the proceeds therefrom. Q, under the name of the “R” company established by A for operating the above work loan, shall be entrusted with the representative director of the lessee company in the name of the “R” company established by A for operating the above work loan, and Q, upon receiving the proposal for one-time work loan contract from the above A, reported false theft to the lessee company. Defendant B, upon receiving the aforementioned proposal for one-time work loan contract from the above A, knew the customer who would purchase the machinery under the direction of the lessee company, followed the process of concluding the lease contract for the machinery, and Defendant B, F and E, as seen above, entrusted the lessee with the disposal of the stolen machinery and the sale of the machinery as the “T” in sequence, and sold the machinery to the lessee company.

1. Joint crimes committed by Defendants Q, F, and C

A. On April 19, 2013, the Defendants: (a) entered into a lease agreement with Q and F, and around April 19, 2013, with respect to the effect capital and the five machinery units of CNC base at the said R’s establishment located in Q and F, and then embezzled the CNC base machinery of KRW 215 million in total; (b) the lease period of KRW 36 months; and (c) the lease period of KRW 4,962,049 in a rent month; and (d) while having kept the said machinery, CNC base machinery of KRW 25 million in custody at will by selling it at will to W Company D.

Accordingly, the Defendants, in collusion with Q, F, and C, embezzled 1 machinery of the CNC Line from the above date and time to June 9, 2013, and embezzled 16 machinery of 986.9 million won in total as stated in the crime inundation (1).

B. The Defendants attempted to commit fraud shall be Kim Jong-chul around July 23, 2013.

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