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(영문) 인천지방법원 2015.12.17 2015고단5941
사기
Text

Defendant

A Imprisonment with prison labor for eight months and for four months, respectively.

but 2 years from the date of this judgment.

Reasons

Punishment of the crime

Defendants and E agreed to have the right to sell and divide profits by disposing of the feet from the victim F, Defendant A proposed and instructed the above crime to Defendant B and E, Defendant E’s act of contact with the victim and leasing the feet to the victim under the direction of Defendant A, and Defendant B conspired to act of contact with the transporter under the direction of Defendant A.

On February 25, 2013, E called the victim's phone at the PC room located in the Guro-gu Seoul Metropolitan Government New Gro-dong, and the victim's phone and the victim's phone "one cost is required for use on the H 5th floor in Guro-gu Seoul Metropolitan Government. It is possible to pay 500,000 won and return it after paying and using 50,000 won as the rent on the face of the week in lease of the Grand-3 Model Pianno in the Burial."

However, in fact, the Defendants and E did not have any intention or ability to return the exposure because they have thought that they would sell the exposure leased from the victim to the needy person and acquire the proceeds by fraud.

The Defendants and E, as above, conspiredd the victims and by deceiving them, received from the victims the delivery of 18 million won per market price at the H-3 phono of the H5 floor in Guro-gu Seoul Metropolitan Government on the same day.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol against I and J;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (related to the 1995 Mamama C5 Madamno No. 1995);

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. It is so decided as per Disposition by the assent of all participating Justices, in view of the following: (a) the Act on the Grounds for the Sentencing under Article 62(1) of the Criminal Act is planned and defective; and (b) the degree of participation is relatively small.

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