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(영문) 서울남부지방법원 2013.07.18 2013고정1660
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 1, 201, at around 19:00, the Defendant: (a) leased a vehicle from C to C and was in need of money while operating the vehicle from B, and (b) used the vehicle as security to borrow money from D.

On December 12, 2011, the Defendant: (a) around 19:00, on the street in front of the Home Pluter in the Seocho-gu, Busan, the Defendant leased from B; and (b) even though the Defendant was not entitled to provide the said vehicle as security, the Defendant did not have the right to provide the said vehicle, the owner of the said vehicle is another person in the name of the owner of the said vehicle; (c) however, in the event the Defendant borrowed money as security to the owner of the said vehicle, he/she would be entitled to provide the said vehicle with the seal impression and the certificate of registration necessary for the transfer of the date in the name of the date in question if he/she borrowed money from the owner of the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on a copy of the police statement concerning D;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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