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(영문) 청주지방법원 2013.11.15 2013고단764
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 28, 2012, the Defendant stated that “The Defendant would repay money without a mold to the victim E by taking money as security, which was made in the name of the wife in order to pay the money to the victim E, from the Dju-si, Chungcheongnam-gu, Chungcheongnam-gu.”

However, there was no fact that a car entrusted as security was not a vehicle in the name of the defendant's wife, and there was no permit from the owner F to take the above vehicle as security and borrow money from the F.

The Defendant, as such, by deceiving the victim, was given 12 million won from the victim who was in his seat as the borrowed money.

Summary of Evidence

1. Each legal statement of witness E, G, H and F;

1. Second-time protocol of suspect interrogation of the accused (including the E and G part of the statement);

1. The prosecutor's statement concerning H;

1. Statement of each police statement concerning E and G;

1. Application of Acts and subordinate statutes on the loan certificate;

1. The Defendant asserts to the effect that the instant vehicle does not constitute a crime, since the victim did not have any false statement that the instant vehicle was owned by the Defendant, and that the Defendant was allowed to provide the said vehicle as security, as such, did not constitute a crime of fraud.

On the other hand, the following circumstances acknowledged by the evidence duly adopted and examined by this Court, i.e., the victim E: (i) in this Court, the victim E loaned money as security to the Defendant’s wife’s vehicle; (ii) 3 days after the payment of money; (iii) the said vehicle was actually made. He reported to the Cheongnam Police Station as 112; (iv) he was towing the said vehicle; and (v) Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha, Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha

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