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(영문) 수원지방법원 성남지원 2019.05.15 2019고단683
사기미수
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The victims of the Bosing Fraud, who are the members of the Mediation Organization of the Bosing Fraud (hereinafter “Sing B, etc.”), have attempted to engage in fraud by deceiving the victim as if they were kidnapped, thereby allowing the victim to transfer the amount of damage from cash collection to the victims, and the Defendant intended to collect the amount of damage and deliver it to the above assistant staff.

위 B는 2019. 3. 21. 19:25경 사실은 피해자의 딸을 납치한 사실이 없음에도 피해자 C에게 전화를 걸어 “엄마 나 성폭행당했어, 총도 들고 있어”라며 울고 있는 여자 목소리를 들려주면서 “니 딸을 데리고 있다, 돈을 주지 않으면 대가리에 총을 쏴버리겠다”라고 거짓말을 하였다.

On March 21, 2019, at around 20:50, the Defendant was waiting to receive KRW 7 million from the victim before the exit of 7.38,00,000 from the victim, in accordance with B’s instruction, and was waiting to receive KRW 7 million from the victim before the exit of 9,00,000,00,000 from the male-nam-si, Sungnam-si.

Accordingly, the Defendant attempted to facilitate and assist the criminal act of false names, but attempted to commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial entry of each prosecutor's protocol of suspect examination of the accused;

1. Partial entry of each police interrogation protocol against the accused;

1. Statement to C by the police;

1. The screen of a closure of the D dialogue;

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

1. Article 352 of the Criminal Act and Articles 352, 347 (1) and 32 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Article 62 (1) of the Criminal Act;

1. The summary of the argument of the defendant and his defense counsel regarding the assertion of confiscation under Article 48(1)1 of the Criminal Act is only known to the defendant that the defendant would have received a substitute for the occurrence of the damage, and the defendant commits the crimes of Bosing.

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