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(영문) 의정부지방법원 2016.05.13 2015고단4852
사기미수
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged shall be organized and criminal facts shall be recognized:

[criminal records] On February 3, 2016, the Defendant was sentenced to ten months of imprisonment for criminal fraud at the District Court of Jung-gu, which became final and conclusive on February 12, 2016.

[2] On July 7, 2015, the Defendant and the Defendant did not appear to have made a statement to the Defendant’s account to the effect that he/she would make a loan by calling to an unspecified number of victims on or around July 7, 2015, and deposited money into the Defendant’s account by deceiving the victims, and the Defendant solicited the victims to withdraw the money deposited from the victims and return money to the account designated by the said victims.

On August 24, 2015, the above-mentioned person is the director of the future savings bank C division to the victim D.

The loan fee of KRW 12.60,000 is required, and the person in charge of receipt in the Gangnamnam Station makes a false statement to that person as he / she directly provides.

However, since the above person was not an employee of a financial institution, there was no intention or ability to provide a loan to the victim even if he received money from the victim as a loan fee.

On the same day, the defendant attempted to receive KRW 1.26 million from the injured party, but the defendant's criminal activity was discovered upon reporting by the injured party suspected that the criminal activity was launched, and the intent was not achieved.

Accordingly, the defendant had attempted to receive property by deceiving the victim in collusion with his name-free person.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against D;

1. A trading statement;

1. Previous convictions: A reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment of the relevant case), and application of each Act and subordinate statutes;

1. Relevant legal provisions of the Criminal Act and Articles 352, 347 (1) and 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The Criminal Act dealing with concurrent crimes;

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