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(영문) 대구지방법원 포항지원 2015.01.29 2013고단492
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2012, the Defendant, at the office of “E” located in “E” in the Seocho-si, Chungcheongnam-gun, Chungcheongnam-gun, G Hot Spring located in “E,” from Co-Defendant F, Ltd., to lend the name of the construction machinery route to the site. After having transferred the name of the route, the Defendant borrowed the name of the construction machinery route to the site. The Defendant, with the proposal of “A”, provided that the existing loans, new loans, news supplies, oil supplies, and expenses, etc., which are incurred from the route of the new loan, shall be paid in full, and KRW 2 million per month, shall be paid in full, and that he/she shall be the owner of the H construction machinery route on October 26, 2012.”

Around October 25, 2012, the Defendant: (a) borrowed KRW 35 million from the Victim L L at the “K office located in the north-guJ at the port of port on October 25, 2012 from the former owner of the said construction machinery, and provided the said construction machinery route as security; (b) however, the Defendant was willing to sell the said construction machinery route to the said F, who did not pay a loan granted under the name of the Defendant, and pay the loan.

On January 6, 2013, 2013, the Defendant: (a) laid the key repair machine in the north-gu M at the port, and laid down the string line by connecting the string line, which was cut and cut down, with the string line of the said construction machine. (b) On January 6, 2013, the Defendant carried it onto the stringer prepared in advance by driving the stringer of the said construction machine.

Accordingly, the defendant was involved in exercising the rights of the victim by taking the above construction machinery route that the victim was possessed by being provided as security from the above F.

Summary of Evidence

1. Partial statements of the defendant in the first protocol of trial;

1. Entry of L witnesses in the second protocol of the trial and entry of part of F of the witness F;

1. The statements of witnesses I and N in the third protocol of the trial;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement about L/I;

1. The defendant did not take a construction machinery loger against the victim's will, and the victim's investigation report (victim H register).

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