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(영문) 의정부지방법원 고양지원 2017.05.25 2016고단1671
사기등
Text

1. Defendant A shall be punished by imprisonment with prison labor for a year and two months;

2. Defendant B shall be punished by a fine of five million won.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to eight months of imprisonment with prison labor for fraud, etc. on February 12, 2016, and the judgment became final and conclusive on June 23, 2016.

[Criminal facts]

1. The Defendants’ joint crime - In the event that: “The lessee sells the leased user or a third party’s goods to the leased company and the lessee receives the goods from the leased company, the lessee seeks to raise funds by securing the liquidity of the leased company by raising funds equivalent to the purchase price; and the lessee company failed to use the said financing method because there is no goods to be sold to the leased company; and as such, the method of financing was abused the blind points that the lessee could not directly receive the goods from the leased company on June 2015 and, as such, it was intended to acquire money from the leased company under the name of the purchase price of the said machinery, as if there was machinery to sell the completed goods to the leased company together with B, a manufacturer of the machinery that was known to the lessee on June 2015.

According to the above conspiracy, Defendant B sent to Defendant A one copy of a false quotation prepared by Defendant B as if it was manufactured by Defendant B at the request of Defendant A to manufacture one of the 3 stable machinery (hereinafter “the instant machinery”) from Defendant A’s operations. Defendant A and the representative director of Defendant A on June 30, 2015 at the office of the Victim CNH Capital, a lessee company located in 447, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, and had no item to pay the purchase price to G, while Defendant A displayed the said quotation at the office of the Victim CNH Capital, a lessee company located in 447, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul.

CNH Capital will pay rent every month by leasing this machine from CNH Capital on the main surface of the machinery purchased from G.

“The purpose of this Act is to make a false statement.”

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