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(영문) 서울서부지방법원 2017.11.16 2017노1028
사기미수
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the Defendants guilty of the charges of this case as to the Defendants, by misunderstanding the facts or misapprehending the legal principles, even though the Defendants could have attempted to commit the attempted crime by deceiving the victims as if the Defendants conspired with D about seven points, etc. were stolen.

2. The Defendants in the facts charged of the instant case are persons running a curios trade brokerage business, and the Defendants knew to the Defendant A upon the request of D to “a person who seeks to purchase Buddhist prizes so that there exists any request to do so.”

E through F, the F has secured a total of 7 points at least 2 points in the gold-dong, 4 points in the gold-dong, 1 points in the gold-dong, 1 points in the gold-dong, and 1 points in the gold-dong compensation.

During that process, the Defendants heard that “the person who intends to purchase the fluoral shall request the request to rescue the fluoral goods, as it is clear that the fluoral goods were excavated” from the above D and agreed to sell the fluoral goods to the victim G (hereinafter “victim”) by selling the fluoral goods in collusion with D, as if the fluorals, etc. of the above 7 points secured in collusion with D were the fluoral goods.

D According to the above public offering, around February 12, 2015, at I underground “J coffee shop” located in Mapo-gu Seoul Metropolitan Government H around February 12, 2015, the victim has a lot of cultural heritage “drouted” to the victim.

There are 7 points in the era of unification, such as gold-dong and Franchi, and the period of consideration, and it is clear that it was a fact-finding and has the value of national distribution, because it was refluenced in the era of unification and the period of consideration.

In addition, it is possible to ask for half of the price of gold, US and US as the internal government manages the funds of the former government, so that 3 billion won can be paid as the price of gold, US and US, including the introduction cost of 500 million won, and 1.5 billion won can be paid as the price of gold, US and US, and the more 1.5 billion won will be paid as the price of gold, US and US, and the more 7 billion won would be possible.

“.....”

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