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(영문) 수원지방법원 평택지원 2020.01.09 2019고단1899
사기미수
Text

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

Reasons

Punishment of the crime

In order to collect the amount of damage and deliver the amount of damage to the cash collection books from the victim as they were kidnapped by the police officers of the singinging fraud organization (one name B, etc.), the singulars (one name B, etc.), who are the members of the singulars of the singulars of the singulars, gathered the victim by deceiving the victim and allowing the victim to transfer

At around 09:30 on November 14, 2019, the above facts revealed that, although they were not kidnapped by the victims C, they were phone calls to the victims, they were arrested, and they did not pay the principal and interest of KRW 30 million to them, and they did not pay the money to them up to 15 million, and they did not pay the money up to them. The above facts stated that “I shall pay off the money instead of the money. I shall pay off the money.” The male voice, “I will bring about the sale of the money for a long period of time even if you do not pay the money up to the day.”

According to B’s instructions, while the Defendant collected an envelope containing KRW 40 million between the victims at a public parking lot in front of the Osan-si, Osan-si, 59, the Defendant was unable to arrest the police officer who was divingd in the vicinity, upon receiving a report from the victim, at around 13:55 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of police seizure records and list statutes;

1. The facts constituting the crime of this case, the confession and reflect of the crime of this case for the reason of sentencing under Article 352, Article 347(1) and Article 30 of the Criminal Act, the fact that the crime is committed against the attempted crime, and the fact that there is a family member to support the crime, etc. shall be considered as favorable circumstances.

On the other hand, it is necessary to strictly punish an act of participating in a crime that causes a huge social harm, and the fact that the nature of the crime is very poor in light of the method of the crime is considered as unfavorable circumstances.

Such circumstances and all other conditions of sentencing as shown in the instant argument.

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