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(영문) 창원지방법원 밀양지원 2017.04.27 2016고단217
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal record] On September 3, 2015, the Defendant was sentenced to two years of imprisonment for a crime of fraud in the Changwon District Court (Seoul District Court), and the said judgment became final and conclusive on December 10, 2015.

[2] Criminal facts are to be committed by the Defendant: (a) the Defendant: (b) the Defendant transferred the 1st annual machinery of the CNC 201 type 201 type cNC 201 type cNC 201 type cNC 201 type cNC 201 type cNC 201 type cNC 201 type cNC cep shock to D at around February 17, 2014; (c) the Defendant transferred the 410 million type cNC cep type 2011 type crop shock to D; and (b) the Defendant would normally install it in D’s factory located in the GNCF.

(State) When entering into a lease agreement with D non-forest Capital, KRW 246 million out of the total amount of 410,000,000 won for mechanical equipment shall be paid to D non-forest Capital, and the remainder shall be paid as down payment according to the level of mechanical installation process, out of KRW 164,00,000,000 for the remainder of the machinery, and the balance shall be paid according to D'D's lease agreement. Since then, it shall be 7,870,000 won per month.”

However, in fact, even if the Defendant received KRW 21 million from the injured party the down payment of the machine price of KRW 246 million from the unfashion capital, he did not have any intention or ability to transfer the said three machinery to the injured party and install it normally.

Nevertheless, the Defendant received KRW 21 million from the injured party to the company bank account in the name of G company operated by the Defendant as down payment, and had the injured party enter into a lease contract with the unafforest Capital, and received KRW 246 million from the unafforest Capital around March 4, 2014, and charged the victim with the obligation equivalent to the same amount.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A protocol concerning the interrogation of the suspect by each prosecutor against the defendant or E;

1. Statement made by the police with H;

1. Investigation report (attaching a certificate of transfer confirmation);

1. Each complaint; 1. A complaint;

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