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(영문) 인천지방법원 2020.10.15 2020고단3965
사기미수
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On the other hand, a name-free person misrepresented a financial institution to cause a substitute loan to an unspecified number of unspecified persons, and received money in the name of repayment of the existing loan, and is an employee of Bohishing, and the defendant is the defendant, who is an employee of Bohishing who received money from the name-free person who became aware of the fact that "the defendant would pay KRW 500,000 won per cash if he delivers an article to a place to which he orders are given," upon receiving a proposal, he conspired to acquire money from the victim by accepting the proposal, even though the defendant is aware that the delivery of the article is the one of Bohish crimes.

On March 11, 2020, the name-free person misrepresented himself to bank staff and made a false statement to the victim B that “if he redeems existing loans in another bank, he would make a loan at a low interest. He sent 9 million won of loans remaining after Kwikset service, to Gwikset Packaging.”

On the other hand, on March 12, 2020, the Defendant: (a) instructed a police officer, who was diving to receive a box containing cash from Kwikwikset service article, from his name in the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of Incheon, and was arrested as a flagrant offender and attempted to receive a box in the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle.

Accordingly, the defendant had attempted to receive money by deceiving the victim in collusion with the person who was not injured in name.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the Kakao Stockholm message data sent and received between the suspect and the victim in the protocol of seizure, list of seizure, and the name and unfold of the damaged photographic data confiscated by the suspect A;

1. Article 352 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 sentencing under Article 62(1) of the Criminal Act is as follows.

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