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(영문) 서울남부지방법원 2018.03.13 2018고단475

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On June 1, 2017, the Defendant was sentenced to eight months of imprisonment for fraud at the District Court of Jung-gu, and completed the execution of the sentence at the Jung-gu prison on October 27, 2017.

[Criminal facts]

1. The Defendant, while living without a certain occupation, was able to make small payments by opening a mobile phone or by getting loans from a lending company through the Internet SNSbook, etc. by approaching persons with brain-defluence and persons who fall short of intellectual ability.

A. From the beginning of December 2017 to the beginning of January 2018, the Defendant made a false statement to the victim C, stating that “The Defendant would make up KRW 3 million by creating a mobile phone and making a small payment to the victim C by the monthly salary day of the width.”

However, the defendant thought that he will receive the above money and use it as living expenses, etc., and even if the victim would open the cell phone and make the settlement of small amount, he did not have the intention or ability to reduce the amount of KRW 3 million to the victim.

The defendant had the victim open three mobile phones over three occasions, paid approximately KRW 70,000 through the small-sum cashing site over three times, and received KRW 662,00 from the Nonghyup Bank in the name of the victim to the E account of the Nonghyup Bank in the name of the victim, and received KRW 662,00 from the victim so that the money may be deposited in cash.

Accordingly, the defendant was given property by deceiving the victim.

B. On December 13, 2017, the Defendant: (a) posted the victim F’s e.g., “the victim F was unable to recover KRW 200,000,000 from the victim F e.g., the victim F e.,” and then accessed the victim via the P e.g., the Defendant’s e., “the victim’s attorney appointment cost” to the victim.