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(영문) 대구지방법원 2015.11.20 2015고단4183

사기

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 17:40 on November 7, 2014, the Defendant, along with C on the street in front of the Kimpo-si Kimpo-ro 26, Kimpo-ro, Kimpo-ro, Kimpo-ro, 201, brought up a letter on the Internet to sell the second and the first condition of the victim's non-registered Opo-de (CBR 125, 2013 Form), and continued to run the above Opo-de for five minutes, and C continued to run the above Opo-de for five minutes.

However, even if the victim received an error and error in order to run a trial from the victim, he did not have any intention or ability to pay the price to the victim because he was willing to run the error and escape together with C immediately.

Accordingly, the Defendant conspired with C to induce the victim as above, and received from the victim the immediate delivery of 1,400,000,000 won at the market price of the victim’s possession.

Summary of Evidence

1. Entry of C in the suspect examination protocol of the prosecution;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. The application of each description of the records of seizure and the list of seizure, the investigation report (Attachment to a suspect's photographed ctv course), the investigation report (Attachment to the photograph of the seized article), the photograph of the damaged stoke photograph, or the application of each visual statute;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Although the grounds for sentencing under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (hereinafter referred to as the grounds for sentencing), the Defendant conspired with C to commit the instant crime even though the Defendant had received multiple protective dispositions, the Defendant committed the instant crime in collusion with C, but did not have much economic value of the damaged goods, and the Defendant agreed with the victim.