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(영문) 의정부지방법원 2020.09.22 2020고단2319

사기

Text

Defendant

A Imprisonment with prison labor for eight months and for two years, respectively.

Reasons

Punishment of the crime

Defendant

A is a victim C’s elementary school building, and Defendant B is a person who operates a mutual loan brokerage company with the trade name “E” in Do Government-si, and the victim C is a person with intellectual disability 3 [Intelligent Index 43, Social Nature Index 49, Social Age 49, and Social Age 8 and 10 months] due to an accident in the intake of agrochemicals in 191 when he was in the second year of high school.

1. On January 1, 2016, Defendant A made a false statement to the victim C at the victim’s residence located in the Gyeonggi-do Seocheon-si F, Gyeonggi-do, that “I want to marry, but there is insufficient marriage funds. I borrowed money in four names and borrowed money. I will pay the loan interest. I will pay the loan interest within one year.”

However, at the time, the Defendant was thought to use the money for the repayment of the existing debt by lending money from the victim as a person with bad credit standing at the time, and there was no intention or ability to repay the money to the victim.

From January 13, 2016 to March 8, 2016, the Defendant, by deceiving the victim as above, received KRW 30,290,000 in total on six occasions as shown in attached Table 1 from the victim, and received KRW 21,90,000 from the victim as the borrowed money.

2. On January 1, 2016, Defendant B, as indicated in paragraph (1) of this Article, got a broker to borrow money from a lending company, etc., and was aware of the fact that the victim was unable to have a normal mental capacity or judgment in a property transaction with Grade 3 intellectual disability, and used the victim’s mental and physical state to use the victim’s real estate (Ycheon-si G, HH, I, J, K, and L) as collateral and used the victim’s mental and physical state for lending money from a bond company, etc. in the name of the victim.

On May 30, 2016, if the Defendant borrowed money to the victim as collateral at the above E office around May 30, 2016, the Defendant used for a short time and high interest.