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(영문) 수원지방법원 안산지원 2019.09.27 2018고단4566

사기

Text

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

Seized No. 1 (No. 2 dump cards) shall be forfeited from the accused.

Reasons

Punishment of the crime

On January 2018, the Defendant, while gambling with the victim B, C, and D, using 52 trum cards, intended to use a trum card to identify the other party’s plaque, by using a trum card with a certain indication on the back of the card so that the other party’s plaques can be identified, and by taking advantage of the trum card with the victim’s money from the victims.

around 05:00 to 17:00 on January 26, 2018, the Defendant provided a “bath card” prepared in advance to gambling as if he was a normal card, at the F Office operated by the Defendant in Silung-si.

However, in fact, the card that the Defendant prepared and provided to gambling as above was a "brupt card" with a specific sign indicating numbers and the pattern of non-satis on the back of the card, which led the victims to commit fraud, and the Defendant did not intend to gamble together with the victims.

Nevertheless, the Defendant, by deceiving the victims by the aforementioned method, and committing fraud using the “hym card” with the victims and the “hym card,” thereby obtaining approximately KRW 11 million from the victims B, approximately KRW 15 million from the victims C, and approximately KRW 32 million from the victims D.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Statement by the prosecution against B, D, and C;

1. The third police officer's interrogation protocol No. 2, C, and D against the defendant

1. The statement B in the fourth police interrogation protocol against the defendant

1. Each police statement concerning B, D, C, and G;

1. A self-written statement;

1. A complaint;

1. A detailed statement of entry and withdrawal transactions;

1. Documentary appraisal;

1. Seizure records, etc.;

1. An investigation report (in response to a request for appraisal of a false card), an investigation report (in response to a request for appraisal of a false card), an investigation report (in response to a request for appraisal of a false card), an investigation report (in response to the submission of image data), an investigation report (in confirmation of the details of 112 reports), an investigation report (in response to a request for appraisal