beta
(영문) 수원지방법원 2018.02.20 2017고단6240

사기미수등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 17, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Jeonju District Court, and completed the execution of the sentence on May 24, 2017.

1. On September 13, 2017, the Defendant, at around 15:00 on September 13, 2017, found one copy of the credit card of the victim’s bank located in the mobile phone and mobile phone cases lost by the victim C in the vicinity of the Diveter located in Osan City.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On September 13, 2017, at around 22:30, the Defendant attempted to settle the said card as if he/she was a legitimate holder of the C’s credit card with C’s credit card, which he/she acquired as described in the foregoing paragraph, from the main point of “F” operated by the victim E in Osan-si, Osan-si, by having 21 C and 3 G employees of the said main point requiring interim approval during drinking. However, the Defendant refused approval of the said card upon the report of theft by C.

Accordingly, the defendant had attempted to acquire property by deceiving the victim.

3. The Defendant interfered with the duties of the Defendant, at the same time, at the same time as paragraph 2, and at a place, interfered with the victim’s main business by force by getting the customers who were on the said main points to go out of a disturbance by avoiding disturbance, such as cutting, sounding, and sating the satisfing the fact that H of the said main points is a theft card.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I, E, H and G;

1. Statement made by the police against C;

1. A report on investigation;

1. Receipts and photographs;

1. Investigation report (as to the suspect's death or death and personal belongings carried in the office):

1. Investigation report (Report on confirmation of details of financial transactions in Nonghyup);

1. 112 A list of reported cases;

1. Previous convictions in the judgment: A reply to inquiry, such as criminal history, investigation report (report attached to the judgment), investigation report (the date of release) (the defendant and defense counsel).