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(영문) 서울남부지방법원 2013.03.15 2013고정313

사기미수

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On June 2012, the Defendant: (a) on the water surface of the Victim C’s Operation “D” in Yangcheon-gu Seoul (Seoul) operated in Seocho-gu; (b) notwithstanding that the Defendant received money from the victim, despite having no intent or ability to sell the said weight, the Defendant appears to have confirmed the victim’s “is at least two tons at the Incheon E Apartment site; (c) as in the sale site, two tons of the said two tons of the two tons of the two tons of the two tons of the two, namely, “a person who takes up at the site by preparing for the aforementioned two million won with the advance payment in advance,” and (d) had the victim prepare for cash two million won in advance to arrive at the site; and (e) requested the victim to pay two million won to the victim; (b) however, the Defendant did not come up with the wind that the victim would refuse to confirm and pay the money from the goods.

2. On August 31, 2012, the Defendant: (a) called “B” to F, a victim’s wife despite having no intent or ability to sell said money even if he received money from the victim; and (b) attempted to obtain money from F as the purchase price by posting a false statement that “B is a manager at the site of Incheon E Apartment, who is a manager at the site of the Incheon E Apartment; (c) would sell 2 ton; and (d) would directly visit D on the world’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant provisions of the Criminal Act and Articles 352 and 347 (1) of the Criminal Act concerning the selection of punishment;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. Article 334 (1) of the Criminal Procedure Act.