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서울동부지방법원 2014.03.26 2014고단182

A defendant shall be punished by imprisonment for a term of one year and four months.


Punishment of the crime

On November 8, 2010, the Defendant, as a business director of the “D Farming Corporation” in Gangnam-gun C, in collusion with E, prepared a sales contract to purchase the so-called “(EW60C) five parts of the so-called “D Agricultural Corporation” from the employees in charge of the so-called Group Korea’s name and the said D Farming Corporation’s name. The Defendant submitted a written application for installment financing to the effect that the Defendant, through the above employees in charge, submitted the said contract to F of the victim Avic Capital Co., Ltd. a total of KRW 268,40,00 (53,680,000 per one 1) by paying the 6,794,400 won per month from D Farming Corporation to the Non-Party Korea on behalf of the Non-Party Group Korea Co., Ltd., Ltd., and then, the Defendant bears the obligation of joint and several sureties for 48 months from D Farming Corporation.”

However, without any particular property or income, the Defendant entered E as the representative director of the said Association Corporation around October 7, 2010 in the circumstance of bad credit standing, and did not actually operate the said Corporation. In collusion with E, the Defendant planned to sell the refacing machine purchased in another place without using it in the said Association Corporation and return it to the other place. However, even if the refacing machine was purchased in the name of the said Corporation, there was no intention or ability to pay the refacing machine.

Nevertheless, the Defendant, by deceiving the victim company, entered into an installment financing agreement with the victim company, and caused the victim company to pay 268,400,000 won to the victim company on behalf of Bo Group Korea Co., Ltd. on the same day, thereby acquiring pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of prosecution and police officers concerning E;

1. Statement made by the police of the F;

1.F, G.