beta
Text
1. The punishment of the defendant shall be eight months;
2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
[Presumption of Facts] B and C knew that a lawsuit may be delivered to a superior market (e.g., a small auction) managed by a cooperative for the permanent livestock industry of victims from D, which has been frequently conducting a small auction, even if they did not pay the successful bid price. Even if they received a lawsuit, they did not receive the successful bid price, they participated in the auction and won the lawsuit, and then purchased and sold the goods at another place through D, and then gathered in order to divide the proceeds therefrom.
Accordingly, in order to verify whether the crime can be committed by the above methods, B and C visited the friendship market operated by the injured party in permanent residence E on July 25, 2014, and confirmed the method of auction, and around that time, C and C came to enter the Defendant and F to the actual auction, and then B came to commit the crime, such as providing education on the auction method, etc. against F and the Defendant, and C around August 4, 2014, D purchased and sold the lawsuit awarded a successful bid, and paid the price to B.
[2] On August 5, 2014, the Defendant received an identification card as if the Defendant and F were to purchase a lawsuit to an employee belonging to a cooperative residing in the victim's permanent livestock industry, and then participated in the auction and received seven copies of a lawsuit equivalent to KRW 28,005,100 in the name of the Defendant, and five copies of a lawsuit equivalent to the market price of KRW 19,962,50 in the name of F, respectively, and decided to prepare a certificate of debt and pay the successful bid price on the next day.
그러나 사실 피고인과 B, F, C, D는 피해 자로부터 소를 인도 받더라도 즉시 다른 곳에 소를 매도 하여 그 돈을 가로챌 생각이었지 피해자에게 낙찰대금을 지급할 의사나 능력이 없었다.
Ultimately, the Defendant, in collusion with B, F, C, and D, induces the victim as above.