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(영문) 서울남부지방법원 2013.09.24 2012고단4446
특수절도등
Text

Defendant

A Imprisonment with prison labor for the crime No. 2, 3, and 5 of the judgment of the court of first instance for four months, and one year and six months.

Reasons

Defendant

On November 25, 2009, A's final and conclusive judgment, repeated crime, and Defendant A was sentenced to imprisonment of one year and two months for fraud, etc. The above judgment was finalized on February 11, 2010, and Defendant A terminated the execution of the above sentence on June 25, 2010.

Punishment of the crime

[2013 Height885]

1. Defendant A, B’s frauds, Defendant A, and B were congested with each other, and at the Fju place operated by the victim E, Defendant B, as if Defendant B had an intent to work, received money under the pretext of advance payment, and solicited Defendant A to use the money for the gambling fund.

Defendant

B around 18:00 on June 2, 2008, at the Fju point in the Gunsan City G, the victim made a false statement to the victim that “I will complete payment while I will do work at the Fju point. I will do so at the Fju point.”

However, in fact, Defendant B was thought to receive the above money from the victim to use it as the gambling fund of Defendant A, and there was no intention to work as an employee at the above main point.

As a result, the Defendants conspired to induce the victim and immediately transferred KRW 6 million from the victim’s national bank account in the name of Defendant B to the national bank account in the name of Defendant B, and received KRW 25 million from around that time to June 10, 2008, as shown in the list of crimes in the attached list of crimes.

[2013 Highest 177]

2. On February 27, 2012, Defendant A and I expressed that Defendant A and I’s gambling opening phone to I known to the ordinary place of peace and divide profits by opening the “bamer’s gambling place.” The I accepted the proposal and tried to open the “bamer’s gambling place” gambling place with Defendant A and divide profits therefrom.

Accordingly, I leases 300,000 won of usage fee from February 27, 2012 to February 28, 2012 through J where it is impossible to identify the sex known to ordinary people around February 27, 2012.

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