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(영문) 서울중앙지방법원 2015.03.20 2014고단10015
사기미수
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants conspired to acquire money by deceiving another person by using a forged passport of Liberia and a forged cargo waybill, which entered the Republic of Korea with foreigners of Liberia nationality, after entering the Republic of Korea.

On December 10, 2014, at E office located in Seongbuk-gu Seoul Metropolitan Government D, the Defendants sent the victim F (56 years of age) USD 7.5 million U.S. dollars (8.24 billion US dollars) from Libya to Incheon Airport through air cargo from Libya to Libya, and the Defendants found the fees of USD 21,200 (Korean US$23,300,000) to be paid by 3,00 U.S. dollars 7.5 million U.S. dollars (Korean USD 2.748 million). Defendant B was the same by side.

However, there is no fact that the Defendants sent USD 7.5 million from Libya to Korea, so even if they received fees, they did not have the intention or ability to reduce USD 2.5 million to the victim.

The Defendants attempted to obtain 21,200 US dollars from the victim, but they attempted to make a report to the police by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant Articles 352, 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act for the suspended sentence: The sentencing criteria are as follows: The Defendants, who made a decision that the sentencing criteria are not applicable to fraudulent attempts, led to the confession of and in depth to commit the instant crime. In addition, the Defendants, including the circumstances of the instant case, the age, character and conduct of the Defendants, and circumstances after the crime, etc., comprehensively consider all the conditions of sentencing as shown in the records and arguments, shall be sentenced to suspended sentence of imprisonment

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