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(영문) 수원지방법원 여주지원 2016.06.01 2016고단236
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A is a person operating a computer delivery company, and Defendant B is a person operating a DPC room in the Chungcheongnam-gun voice Group C, and Defendant B conspired to install a “GPC room” in the name of Defendant B’s chain in the Gyeonggi-si E and 3th, and Defendant A started a business, including the supply of PC and the test of PC, and obtain financing from the broker company of H through the broker company of H, while some of the PC was planned to install a medium and high PC in the “DPC room,” and distribute profits.

On April 16, 2015, the Defendants entered into a contract with the victim CPC Capital Co., Ltd. and the installment amounting to KRW 119,000,000, the lease period of KRW 36 months, the lease fee of KRW 4,302,20 with respect to the PC 94 supplied by Defendant A to the above GPC room “GPC” at the coffee shop located in Leecheon-si, Leecheon-si.

However, among the PCs, which are leased goods supplied by Defendant A to the above “GPC room”, the 60 unit of the PC was installed in the above “DPC room,” and was lower than the estimate under the contract, and was also planning to dispose of the PC at other locations after the lease contract.

Defendant

A received KRW 110,00,000 from the injured party to the Enterprise Bank Account in the name of J on April 16, 2015, as the sale price of the goods, and Defendant B received KRW 14 million from the 18th day of the same month to the Agricultural Cooperative Account in the name of F.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to K in the police statement;

1. A investigation report (Submission of criminal suspect A transaction details);

1. Application of Acts and subordinate statutes governing lease contracts, estimates of leases, and recording records;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Defendant A [Scope of Recommendation] General Fraud 2 types (at least KRW 100 million, and 500 million.

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