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(영문) 대전지방법원 서산지원 2018.10.11 2018고단561

사기미수

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2018, the Defendant, along with the victim B, C, etc. who came to know in the course of attending a golf practice hall, kidsing a special siren that was purchased and prepared in advance via the Internet, worn a eye in the snow, confirmed the victim’s plaque with a cryp, which is marked with the number and pattern as a form of luminous material, and attempted to receive money from the victims by using the cryping method.

Accordingly, the Defendant, from around 19:00 on March 2, 2018 to 19:30 on the same day, prepared in advance for gambling with the victim B, the victim C, the victim E, and the opers in 1301, Jin-si, Jin-si, Jin-si, from around 106:0 on March 2, 2018, she taken out the “bat cards” prepared in advance as above with the gat in the gatus.

In addition, as shown by the victims, the above card was false to the victims as if it was a normal card.

However, in fact, the card that the Defendant prepared as above was the “brupt card” indicating the number and pattern as a form of bluorous material, and the Defendant, by deceiving the victims, did not intend to gambling together with the victims.

Nevertheless, the defendant attempted to deceiving the victims by the above method and to take money from the victims, but he was aware of the fact in advance, and did not commit an attempted crime by being discovered from the victims of the "hym card" and special sirens.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, B, E, and F;

1. Investigation report (to attach screen pictures to the scene of the submission of the victim), screen pictures storage CDs;

1. Investigation report (to be accompanied by a report on seized articles and a response to a request for appraisal), a response to a request for appraisal, and a written appraisal;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of statutes on site photographs;

1. Articles 352 and 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution;