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집행유예
(영문) 청주지방법원 2013.2.15.선고 2013고단18 판결
사기
Cases

2013 Highest 18 Fraud

Defendant

O00

Residential Cheongju

Cheongju-si, Cheongju-si

Prosecutor

Dowards (prosecutions) and sexually criminals (public trials)

Defense Counsel

Public-service advocates-service advocates (State ships)

Imposition of Judgment

February 15, 2013

Text

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

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

Reasons

Criminal History Office

The defendant played a role in drawing the victim 65 years of age on the gambling, ○○○○○○, female 3, female 4, etc. (hereinafter referred to as ○○○○○○○○○, female 4, hereinafter referred to as ○○○”) in the name of the victim, who used a card in line with the order of advance, as if he actually plays an gambling in the gambling card, and his name-free female (hereinafter referred to as 5, hereinafter referred to as ' female 5, etc.") is an unregistered transfer, thereby leading the victim to face the judgment of the victim, and inform the victim of her failure to do so to the victim, ○○○○○○○, female 3, and female 4, etc., and ○○○○○○○ and ○○○○○○, etc., who is called mort with the victim, and made the victim to exchange money with the victim and let the victim do so in succession with the victim 27,000,000.

In this regard, at around 12:00 on June 28, 2012, the victim arrived at the above mountain fountain, in accordance with the promise with the defendant, Dou-gu, Dou-gu, etc., the victim proposed that Dou-gu, Dou-gu, which is well known to the victim, shall move the victim to the ○○○○ ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 00 on the same day, and made the victim look at the 0th ○ ○ ○ ○ ○ ○ ○ ○ ○ 20 on the same day, and made the victim take the 4th Dou 2 ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ , and made the victim 5th Do.

Summary of Evidence

1. Defendant's legal statement;

1. ◎◎◎, ◆◆◆에 대한 각 검찰 진술조서

1. An investigation report (referring to the relationship, etc. with a suspect after hearing a complainant's telephone statement);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 347(1) and 30 of the Criminal Act; the choice of imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

The crime of this case is very poor in light of the method of criminal conduct or the amount of fraud, etc. as a case of deceiving 22 million won through fraud, after mobilization up to the unwritten transfer and preparing in advance a person who was aged spawn from gambling to gambling, and inducing the person who was aged spawn to gambling, and then deceiving 22 million won through fraud gambling.

However, after the crime of this case was committed, the Defendant committed the crime of this case against the victim’s mistake in depth. However, considering the fact that the degree of participation in the crime of this case was relatively minor compared to Dou-gu Dou-gu Dou-gu, which appears to be the principal offender, and that the victim wanted to take the Defendant’s wife against the Defendant, the execution of the punishment shall be suspended.

Judges

Materni Impli

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