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(영문) 대구지방법원 김천지원 2019.01.31 2018고단1034
사기등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant of "2018 Highest 1034" was sentenced to six months of imprisonment for attempted larceny in the Daegu District Court Kimcheon Branch on July 13, 2017, and two years of suspended execution, which became final and conclusive on July 21, 2017, and is currently suspended execution.

On July 12, 2018, the Defendant posted a false statement on the Internet “B” website stating that “The purchase of cultural merchandise tickets shall be 93% price at a fixed price,” and that “The Defendant would pay KRW 93,000,000 to the victim C, who contacted the Defendant, sent 10,000 won of cultural merchandise tickets (the identification number necessary for the online use of cultural merchandise tickets).”

However, the defendant did not have the intention or ability to pay the price even if he receives the Fin number from the victim.

Nevertheless, the defendant received from the victim the 100,000 won of the market value of cultural products and acquired financial benefits equivalent to the same amount.

around 02:40 on November 2, 2018, the Defendant attempted to take away property from the victim E’s f bargaining vehicle and the victim’s HH typ vehicle parked on the front of the Gu-Si road, and attempted to open the front door of each of the above vehicles. However, the Defendant failed to take the front door of the vehicle, and failed to commit such act.

Accordingly, the defendant attempted to steals property from the victim's vehicle, and attempted to commit the attempted crime.

Summary of Evidence

"2018 Highest 1034"

1. Defendant's legal statement;

1. C’s statement;

1. Details of meetings for the use of cultural products rights, and I dialogues;

1. For previous records of judgment: Criminal history records, inquiry reports and investigation reports (the facts during the period of suspension of execution of punishment - one copy of attached judgment); "2018 Godan1303";

1. Defendant's legal statement;

1. Written Statement;

1. Application of Acts and subordinate statutes to internal investigation reports (in relation to the attachment of photographs), five copies of CCTV photographs, investigation reports (related to the failure to attach and punish a victim G statements), investigation reports (on-site CCTV images verification and attachment, etc.);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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