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(영문) 창원지방법원 2017.03.24 2016고단4485
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

E is a person who actually operated G Co., Ltd. and I Co., Ltd. located in G in G in G in G in Kimhae-si, and the defendant is a person who was working as the president of the lawsuit in the above G as an individual business operator in J.

On April 30, 2014, the Defendant, in collusion with the above E, entered into a lease agreement with the staff of the JJ office located in Kimhae-si, on the condition that “The Defendant would make an application for the lease due to the lack of funds for the purchase of machinery, and would make the lease in good faith by purchasing the said machinery from the capital, and pay the lease fee if the lease would be done.” On the other hand, the Defendant entered into the lease agreement with the Defendant for one of the NC mining machines with the amounting to KRW 180 million at the market price as KRW 180,000,000,000,000 won, deposit amount of KRW 89,000,000,000 won, monthly lease fee of KRW 2,948,971 every month for 36 months.”

However, the Defendant, even though he did not intend to purchase the said machinery from G, submitted a goods sale contract and concluded a lease contract as if he had no intention to sell the actual machinery, and the purpose was to use the said machinery with the intention to receive the price for the sale of the machinery, and the said machinery had already been financed from the M&S capital and entered into a lease contract with the said machinery as a collateral for transfer, and thus, the victim could not exercise the normal ownership.

Ultimately, the Defendant, in collusion with E, by deceiving the victim as above, and by deceiving the victim from the victim to the national bank account in the name of G (state) on April 30, 2014 as the price for mechanical transaction, received money of KRW 91 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. The pertinent Article of the Criminal Act and Articles 347(1) and 30(a) of the Criminal Act regarding criminal facts and the applicable sentencing guidelines for the selection of punishment are: (a) the sentencing guidelines for sentencing of less than KRW 110 million, based on the classification of the sentencing guidelines, are less than KRW 100,000,000 or less than KRW 100,000,000,000 or more than June 1 through June 2: (b) the sentencing guidelines for aggravated factors (e.g

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