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(영문) 인천지방법원 2014.11.25 2014고단7314

사기미수

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

However, from the final date of this judgment.

Reasons

Punishment of the crime

[Criminal Justice] On August 20, 2010, Defendant A sentenced Defendant A to imprisonment with prison labor for murder and attempted murder at the Seoul Eastern District Court on January 13, 201 and completed the execution of the sentence in the Chuncheon Prison on December 13, 201.

【Criminal Facts】

1. Defendant A heard the victim’s writing that the victim D possesses a large number of cash by operating a private game room, and approaching the victim, Defendant A had an access to the suit, and had a friendly relation with the Minister of National Defense, the Army, Navy, and Air Force Chief of Staff, and the head of the water department among the Supreme Prosecutors’ Office, and had the victim deceiving the victim as if he sold the gold bullion, thereby deceiving

On September 20, 2014, the Defendant: (a) in the Fda room located on the first floor of Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) confirmed that G, a Chinese political person, was aware of the sale of gold bullion in Korea in 1932 while traveling within the Republic of Korea; and (c) discovered the current gold leader of 10,000 tons and kept in the warehouse after the discovery. The Defendant made a false statement to the effect that “The Defendant would sell the gold leader of 200 won in total at KRW 6 billion per unit of 30,000,000 won.” (c) around October 6, 2014, the Defendant concluded to the effect that “The victim first 50,000 won per day on October 27, 2014 on the part of the Fda shall be sold to the Plaintiff.”

However, in fact, the defendant did not have any intention or ability to sell gold bullion to the victim because he discovered the gold leader and did not keep it in the warehouse.

As such, the Defendant, by deceiving the victim, attempted to defraud 50 million won from the victim as the price of gold, but did not bring the victim into an attempted crime by failing to deliver the money.

2. The Defendant A, as the Defendant committed the crime of conspiracy by the Defendants, failed to receive money from the victim under pre-sale of gold, such as the preceding paragraph, and was transferred to the said victim along with the Defendant B at once.