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(영문) 대전지방법원 홍성지원 2012.12.28 2012고단808
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

1. On January 10, 2012, at the “D convenience store” of the Defendant’s operation in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-do, the Defendant: (a) received a request from the victim E to issue five copies of the protoo voting tickets, which combines the success of the protoo 4 times in the protoo; (b) entered a plaque in the lottery ticket slot; (c) sold five copies of the voting tickets; (d) processed the aforesaid voting in an abnormal manner so that it does not indicate any cancellation on the above voting right; and (e) delivered the same to the said victim as if the voting right was issued normally; and (e) acquired the same through remittance of the price of KRW 50,000,000,000.

2. From January 1, 2011, the Defendant entered into a contract with the Sports earth Co., Ltd. (hereinafter “sports earth”) and engaged in the business of selling voting rights. On January 10, 2012, the Defendant sold five voting rights to E in the said manner at the said place and remitted KRW 500,000 to E, despite the fact that he received five voting rights at the said place in the same manner as indicated in the foregoing paragraph, the Defendant, at the same time as indicated in the foregoing paragraph (1), managed the said amount as the cancelled price in the computer settlement system, and embezzled it by voluntarily consuming it for personal purposes.

Summary of Evidence

1. Legal statement of witness F;

1. Partial entry into the third and fourth police suspect examination protocol against the defendant;

1. Application of Acts and subordinate statutes to a retailer contract, retailer contract, lottery photo, type of revocation test photograph, log-record, investigation report (verification of the results of the mother's experiment), experimental photograph, experimental voting right, experimental log-record, investigation report (verification of the difference in the length of the omitted voting right);

1. Relevant Article 347(1) of the Criminal Act, Articles 356 and 355(1) of the Criminal Act (the point of fraud), the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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