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(영문) 대전지방법원홍성지원 2020.10.27 2019고단748

사기등

Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

Reasons

Punishment of the crime

Around May 21, 2018, the Defendant was aware of the victim's cell phone opening through the victim's cell phone opening from the victim D (Woo, 22 years of age, intellectual disability) who visited the above agency around May 21, 2018.

1. Fraud;

A. On August 7, 2018, the mobile phone small-sum settlement fraud Defendant phoneed to the victim at a place where it is impossible to know the location of the Defendant on or around August 7, 2018, and called “in order to enter the country, it is necessary to pay the money. If the Defendant borrowed money, he/she would have to pay the money immediately after entering the country. If he/she borrowed money, he/she would be able to receive the money by cashing through a mobile phone small-sum settlement agency. If he/she would be able to receive the money by cashing it, he/she would have access to E

However, the defendant did not have any intention or ability to pay the price even if the defendant had the victim settle the mobile phone small amount.

At around 20:20 on the same day, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to use the victim’s mobile phone to make a small settlement of E voucher 110,000 won; and (c) obtained pecuniary profits equivalent to the same amount, as shown in the attached Table 1, the Defendant acquired pecuniary profits by allowing the victim to make a total of 26 times from around that time to January 2, 2019 the sum of KRW 1,651,180 in the mobile phone small payment amounting to KRW 1,651,180.

B. On August 2018, at a place where it is difficult to identify the place, the Defendant: (a) was demanded by the victim to terminate the term three mobile phone opened and used by the victim with the mobile phone around May 21, 2018; and (b) the victim’s statement that “if the victim is terminated, it would have a lot of penalty for breach of contract; and (c) the Defendant’s statement that “if the Defendant disposed of the term three, the victim would not pay the installments any longer.”