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(영문) 창원지방법원 마산지원 2017.01.25 2016고단1306
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) installed a camera at the ceiling of office Do-si and the third floor of Do-si; (b) read the card processed by special drugs in images attached to the above camera; (c) the Defendant and C, upon receiving contact from the above installation business entity through a supersmall earphone, conspired to share a booming role by using the card processed by special drugs.

1. On July 17, 2016, the Defendant, in collusion with C and the said installation business entity, obtained the money in the above office from around 23:00 to the next 05:00 on the following day, and the Defendant, even if he did so by means of the above methods, as if he did gambling against the victim E, F, G, and H, a single-name “bruth” where the loss is determined by chance, and thereby, acquired the money in an amount of KRW 5 million in total from the victims by means of gambling.

2. The Defendant attempted to commit fraud in collusion with C and the said installer from July 19, 2016 to 05:00 on the following day, and the Defendant, even if he did so by the aforementioned methods, was aware that he did gambling with the victim E, F, G, and H, and even if he did so, he attempted to receive the total amount of KRW 7.7 million from the victim’s gambling by means of gambling from the victims. However, the Defendant did not commit fraud and attempted to receive the victim’s gambling from the victims, and did not commit such fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of F or E prepared by the police;

1. Each statement made to H, I, and J by the police;

1. A list of seizure prepared by the police;

1. A report on investigation (on the result of a request for appraisal of a drum card) and a document appraisal report attached thereto;

1. The report of investigation (a copy of suspect A protocol) is accompanied;

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