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(영문) 인천지방법원 2013.12.19 2013고단7155

사기미수

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Upon receiving proposals from C, the Defendant, along with C, D, E, and F, conspiredd with C, E, E, and the Defendant, at the “HPC room” located in the 1st floor of Incheon Seo-gu, Seo-gu, Incheon, to install a single card and a camera, which can see the card, in a gambling room, to engage in fraud.

Accordingly, D, at a place other than a gambling place, combines E to serve as a “mentor” in which the other party’s plaque is known. E purchased a wood card and a camera, etc., and C, while holding a non-electric and rier in a normal manner and combining the Defendant with the victim I and J, recommended the victim I and J to see it as if he were engaged in gambling, and D and E installed a camera in advance at the above PC.

At around 22:00 on April 26, 2012, the Defendant, as C, D, F, and F, had the victims go to the above gambling site, and the Defendant and F, who received the victims’ plaques from E through an electricity and rier, which was stiffed by their body, and performed a normal gambling with the victims. E was viewed as a camera screen at its own house located in the Seo-gu Incheon Western KB01, the Defendant informed F and the Defendant of the victims’ plaques.

Accordingly, the Defendant conspired with C, F, D, and E in order to deceiving victims and to defraud the property from the victims. However, the Defendant attempted to commit an attempted crime against the victim I who was aware of such fraud in advance.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A copy of each protocol of interrogation of the prosecution against defendants C, F, D, E, I, L, or M (including the substitute part);

1. Copy of the statement made by the police in J;

1. The police seizure record and the list of seizure;

1. Application of statutes on site photographs;

1. Article 352 of the Criminal Act and Articles 352 and 352 of the Criminal Act concerning criminal facts;

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