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(영문) 창원지방법원 마산지원 2018.11.29 2018고정211

준사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

[criminal records] On September 22, 2017, the Defendant was sentenced to a three-year suspended sentence for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similarity with persons with disabilities) at the Daegu District Court on September 22, 201, and the judgment became final and conclusive on September 30, 201

[2] The Defendant and C, as a disabled person of Grade III (I Q 49) of this intellectual disability of the victim D ( South, 19 years old), a middle school of Grade C, used the mental and physical state of mental disorder, such as the ability to distinguish and display language, and the economic judgment ability, compared with the non-disabled person, in order to let the victim open the cell phone through the cell phone and obtain it by fraud.

1. C around February 16, 2017, around 15:00, 15:00, on the front day of the “F” mobile phone agent in Changwon-si E, Changwon-si, the victim is not required to take money.

If a mobile phone is opened through a mobile phone, the cash may be made.

“Along with the consent of the injured party to open a mobile phone in the name of the injured party,” the Defendant took the victim to the above mobile phone agency and let the injured party open the 71 mobile phone in the name of the injured party, and the Defendant and C were issued 7 mobile phone from the injured party in the amount of 1,152,80 won at the market price.

2. On February 18, 2017, at around 19:00, at the front of the “H” mobile phone agent G in Changwon-si, Changwon-si, Changwon-si, as described in paragraph (1), C consented by the victim to open a mobile phone in the victim’s name, and the Defendant: (a) made the aforementioned mobile phone agent take the victim into the victim’s name and let the victim open a mobile phone 61 unit in the victim’s name; and (b) the Defendant and C were issued 869,000 KRW 61 unit in the market price from the victim.

As a result, the Defendant, in collusion with C, received property amounting to KRW 2,021,80,000 in total from the injured party by using the mental or physical disorder of the victim.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);