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(영문) 부산지방법원 2016.11.10 2016고단3517

사기미수

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;

2. Defendant B is not guilty. Defendant B is not guilty. Defendant B is not guilty.

Reasons

On September 11, 2015, Defendant A was sentenced to imprisonment for one year and three months at the Seoul Central District Court for fraud, and completed the execution of the sentence on January 24, 2016. Defendant D was sentenced to imprisonment for eight months at the Seoul East District Court for a violation of the Attorney-at-Law Act at the Seoul East District Court on May 29, 2014 and completed the execution of the sentence on November 26, 2014.

【Criminal Facts】

Defendant

A, Defendant C, Defendant D, and Defendant E conspiredd to receive KRW 2,00,00,00 from the victim, in order to acquire KRW 1,440,00,00 from the victim, even though they are aware that the said money is not actually issued in Kuwait, and that it is not possible to exchange it in the bank, and that it is well-used in the crime of fraud, the said money has the appearance similar to the currency actually issued in Kuwait, by deceiving the victim N to exchange KRW 2,00,00,00, which was forged by Defendant A., with the knowledge that it was well-used in the course of committing the crime of fraud.

Defendant

A around June 3, 2016, at the P office of the defendant's P office located in the Gangnam-gu Seoul O and the third floor, requested the money exchange to the defendant Eul and delivered the above counterfeit money received from the defendant Eul. around June 7, 2016, around 09:00, the defendant C demanded the identification of the person to be exchanged to the defendant Eul at the coffee specialty store located in the Busan Dong-gu, Busan, and delivered the above counterfeit money. The defendant D demanded the money exchange to the defendant E after he gets on the taxi together with the defendant E in the vicinity of the Busan Dong-gu, the same day.

Defendant

E, around 10:30 on June 7, 2016, presented to the victim, who was sent from "R" in the Busan metropolitan Qgu Q and the first floor of Q, Busan, to the introduction of S, as if he were the genuine currency, that the victim was obtained 1.4 billion won from the victim and attempted to obtain 1.4 billion won from the victim, but the victim suspected of this.

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