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(영문) 서울중앙지방법원 2016.02.25 2015고단2670

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 2014, the Defendant had access to the victim B who became aware of in the course of the work of putting on and off a door the money on behalf of attorney-at-law, borrowed money, etc. using the fact that the victim is with intellectual disability 2.

From September 7, 2014 to October 30, 2014, the Defendant acquired the money by deceptioning the Defendant with KRW 2,622,00,00 in total over 42 times during the said period from the victim, on the following grounds: (a) the Defendant: (b) the Defendant did not intend or have the intent to pay the loan money to the victim with the intention to introduce the attorney-at-law or with the intention to pay the loan money; and (c) the Defendant did not have the intent or ability to pay the loan money; (d) the Defendant would introduce the attorney-at-law so that the victim can be economically independent; (e) the Defendant would settle the overdue mobile phone use fee; (e) would have to pay monthly rent; and (e) the Defendant would have paid the loan money to the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on filing a complaint, copy of a certificate of disabled persons, and details of passbook transactions;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;