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(영문) 서울동부지방법원 2018.09.06 2018고단1345
사기미수
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

around 10:00 on March 3, 2018, the Defendant purchased 3 sets of a wood card with letters and numbers indicated as a special mineral substance at the back of the card from a person who is unable to know his/her name that he/she became aware of through the crypt in order to gamble the morale at the D meat processing factory near Gangdong-gu Seoul, Gangdong-gu, Seoul, and then purchased 3 sets of a wood card with the above 3 sets of a wood card on the first floor of the D meat processing factory from around 14:00 of the same day to around 16:00, from the above 14:00 of the same day, from the person who was unable to know of the name that he/she became aware of through the crypt in order to gamble the morale at the D meat processing factory. As such, the Defendant used the said crypt game as the above crypt, together with the victim, E, G, and H as if the said cry card was a normal card.

As a result, the Defendant attempted to induce victims to take money by deceiving them as normal cards, but the victims suspected of fraud, and did not commit an attempted crime with the wind that the Defendant did not wear a special siren by drinking bage.

Summary of Evidence

1. Legal statement of witness F and H;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Application of each protocol of seizure and each statute on the list of seizure;

1. Articles 352 and 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act

1. The gist of the assertion was to purchase the wood card and special sirens, and to put the wood card 3 sets between the cards to be used in the game, but the special siren was set up on the Defendant’s vehicle, and thus, the fraud did not have an intention to gamble nor started to commit fraud

shall not be deemed to exist.

2. The judgment of fraud shall be deemed to have commenced the execution when the deception was commenced with the intention of deception.

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