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(영문) 서울중앙지방법원 2016.08.17 2016고정361

사기미수등

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 3, 2015, the Defendant: (a) around 22:00 on November 3, 2015, at the Seoul Kandong-gu Seoul Metropolitan Government 405g, the Defendant: (b) collected money with access to the victim B without the wishes to repay the money; (c) if the Defendant borrowed money to the bank account on the following day, he/she will repay the money by transferring it to the bank account.

By deceiving victims, 45,00 won in cash was received from victims to acquire financial benefits.

2. On November 19, 2015, at around 09:50, the Defendant: (a) demanded to lend money in the Yeongdeungpo-gu Station located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, for the purpose of lending money to the victim B by approaching the morale in Seoul Station; (b) however, the Defendant did not obtain any pecuniary benefits from the victimized party by reporting the morale to the Defendant in Seoul Station; and (c) requested to obtain any pecuniary benefits from the victimized party.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the police statement protocol law to B

1. Relevant legal provisions of the Criminal Act and Article 347(1) of the Criminal Act (the point of fraud, the choice of fines) concerning the crime, and Articles 352 and 347(1) (the point of attempted fraud and the choice of fines) of the Criminal Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;