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(영문) 창원지방법원 2019.02.13 2018고단3127
사기
Text

Defendant

1. A shall be punished by imprisonment for six months;

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A is a person who has operated a manufacturer of machinery parts C, and Defendant B is a business member of D Co., Ltd. (hereinafter referred to as D).

Defendant

A around March 2015, through B around 2015, purchased fake 380 million won from D, but intended to return them due to a shortage of 80 million won, A received a proposal from a lessee company to receive funds from D and appropriate funds for the said shortage as if it were the products newly produced, in lieu of return from B.

Accordingly, around May 2016, Defendant B opened a false estimate with the supply price of at least 136,400,000 won, to the employees of the Victim G Co., Ltd. at the Defendant’s office in Seongbuk-gu, Changwon-si, 2016; Defendant B supplied KRW 136,40,000,000, which was manufactured before May 201; Defendant B opened a false estimate with the purchase price of at least 136,40,000; Defendant A submitted a false estimate to the employees of the Victim G Co., Ltd. at the Defendant’s office in Seongbuk-gu, Changwon-si, 201; Defendant D’s work to be supplied with KRW 136,40,00,00, which was manufactured before May 201; Defendant A purchased it and submitted a false estimate with the victim’s interest rate of at least 42 months, May 30, 2005; Defendant A submitted a false estimate with the victim’s interest rate of at least 360,308,5.5.

As above, the Defendants deceiving the victim company's business employees, and caused the victim company to conclude a contract for sale and purchase and facility leasing (financial lease) with the Defendants on June 2, 2016, and then deposited KRW 102,60,000 from the victim company to the I bank account in the name of the above half-yearly purchase price.

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