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(영문) 창원지방법원 2020.09.10 2020고단1119
사기등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant is a person who operated a motor vehicle parts processing company from around 2009 to May 16, 2016 under the trade name of “C” from around 2009 to around 2009.

1. Around April 19, 2013, the Defendant entered into a collective security agreement with the 8th group of CNC lines owned by the Defendant (G372-4, G372-4, G372-4376, G372-2-7147, G372-7149, G372-3900, G372-38, G3722-38, G3722-38, G372-62-62-6247, G372-62-6247) with a total of KRW 21872,00,000,000 in the market value, by providing machinery equivalent to KRW 201,722-6247,000,000,000 in total.

In addition, on September 23, 2014, the Defendant took out a loan of KRW 200 million from the victim company, and entered into a modified contract on November 26, 2014 with respect to the above loan of KRW 200 million, the Defendant entered into a contract for the establishment of a collateral security right with the content of adding the above loan of KRW 200 million to the Defendant’s CNC Tring Co. (G7322-A343, G732-2-A345), one type measuring instrument, one type measuring instrument, and one second type measuring instrument, the total market value of KRW 140 million,40 million.

Nevertheless, the Defendant sold the above CNC line to the above CNC Line 8, CNC Monitoringer 2, automatic supply 2, and 12 machinery in KRW 100 million to the Defendant’s office, which made it considerably difficult for the Defendant Company to grasp the location of the said machinery.

Accordingly, the defendant, which was the object of the victim company's right, concealed goods owned by the defendant, thereby hindering the victim company's exercise of right.

2. On October 13, 2014, the Defendant entered into a contract to lease four (G3160-3365, G3160-3366, G3160-3367, G3160-3368) of the CNC Line (G3168) equivalent to the total market value of the victim G Co., Ltd. and the victim’s company at the above C office as of October 13, 2014. Around January 26, 2016, the Defendant entered into a modified contract with the period of the said lease as of May 3, 2018.

The Defendant is on May 16, 2016.

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