beta
(영문) 춘천지방법원 강릉지원 2015.09.24 2015고정279

사기미수

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On December 6, 2014, the Defendant confirmed on the Internet website “B” bulletin board of the theft/division, that he/she sought a stolen camera and siren that “Asan East EO article 6D theft” prepared by the victim C’s employees D, and concluded that he/she would return to the victim by phone calls from the victim and two stolen cameras.”

However, as the defendant was in possession of stolen camera, he had only expressed his intent to deceive the victim with compensation for the goods, etc., and did not possess stolen cameras and sirens.

The defendant attempted to acquire compensation from the victim, but the defendant was not able to do so due to the following reasons: the defendant was tracking the case of a separate flood, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Articles 352 and 347 (1) of the Criminal Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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