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Defendant
FK shall be punished by imprisonment with prison labor for two years, by imprisonment with prison labor for Defendant AG, and by fine for negligence for KRW 5,000,000.
Reasons
Punishment of the crime
Defendant
AG, on July 9, 2014, was sentenced to eight months of imprisonment for fraud in the Changwon District Court Msan Branch, and the judgment became final and conclusive on April 10, 2015.
1. Defendant FK and AG co-principal Defendants prepared required documents as if they were to sell two parts of C&C base machines (product number G3138-1478, G3138-1465) to Defendant FK, the actual manager of FN located in the FN located in Seocho-gu, Busan, as if they were to sell the two parts of C&C base machines (product number G3138-1478, G3138-1465) at the time of Jinju, and conspired to obtain loans from Hyundai M&S Co., Ltd. for the purpose of purchasing machinery.
Defendant
From July 17, 2013, FK entered into a lease agreement with an FO office located in Jinju-si on the condition that two of the above C&C C&C team machinery will be leased to an employee of the injured company on the name of the victimized company under the condition that deposit amount is paid in KRW 34,80,00,000, the period of 48 months, monthly lease fee of KRW 2,061,136, and issued a sales contract and a certificate of acceptance for two of the C&C team machinery. Defendant AG visited FPtel 909 on the same day, prepared and issued a written order acceptance for the above C&C team machinery two of the C&C team machinery, and delivered it to the sales contract after affixing’s rubber and its representative affixed a seal thereon.
However, the two parts of the above line machinery are owned by Defendant FK, and Defendant AG did not have sold the above line machinery to Defendant FK.
As such, the Defendants conspired to deception the damaged company, thereby making and submitting a false sales contract, an order acceptance certificate, an article acceptance certificate, and an application for loan, thereby making a false lease contract as the price for the purchase of the above machinery, and acquired the loan amounting to KRW 81.2 million by transferring it to a corporate bank account in the name of F Q Q, the representative of BZ.
2. Defendant FK, AG, and AF co-principal offenders are the actual managers of FN in Changwon-si, Defendant AF, the actual managers of FN in Jinju-si.