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(영문) 부산지방법원 2018.02.07 2018고단111
사기미수
Text

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

On December 6, 2017, the Defendant is Liberia national who entered the Republic of Korea through the Incheon Airport.

On December 15, 2017, the Defendant made a statement to the effect that, within the “E” restaurant operated by the victim D, the victim D in Daegu Jung-gu C and the third floor on December 15, 2017, the Defendant would be able to collect money twice in cash to the victim.

The summary of this content is that, while transmitting USD 1,00,00 to Africa as a relief fund, the defendant used so-called "blocing machine" for the purpose of security, which has been specially treated as a black medicine on the surface of a fake surface, and the defendant has this bloctor, and if he handles medicine again on the surface of the blocing machine, he can be changed to normal blocing, and the victim can be punished twice by face-to-faced funds needed in this process.

The Defendant, along with such explanation, led the victim to the change of the above black machine into normal booms by inserting the booms containing water and the booms of Chapter 1, and by changing the booms of Chapter 2 into the booms of Chapter 2.

Therefore, the Defendant requested the victim to obtain investment USD 250,00 ($ 25,000,000) from the victim, but attempted to obtain such money, but the victim failed to pay the above money with the knowledge that it was fraud by searching the Internet, etc., and did not make it an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to the details of conversations between the suspect and the injured party);

1. Article 347 (1) and Article 352 of the Criminal Act applicable to the facts constituting an offense and Articles 347 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 48 (1) 1 of the Criminal Act for forfeiture is referred to as the "boom head" as above.

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