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(영문) 창원지방법원 2019.09.18 2018고단2186

준사기등

Text

A defendant shall be punished by imprisonment for one year.

The defendant is the applicant B for compensation with the money obtained by deceit, which is 5,618,800 won and the application for compensation.

Reasons

Punishment of the crime

The defendant of "2018 Highest 2186" is a victim D and a student of the elementary school.

A victim is a person who has been diagnosed as a mental or physical disability (Intelligent Index 74, Social Index 76, and Social Age 12.25) that significantly lacks intelligence and judgment ability compared with the general public.

The Defendant, as seen above, has committed money by taking advantage of the fact that the victim is in a state where the victim lacks the ability to discern things or make decisions.

On September 2017, the Defendant made a business registration certificate of the trade name F in the name of the victim and continued to make the victim a credit card in the name of the company bank, G bank, H bank, and I bank, on the part of the victim, by making a contact to E who used the loan advertisement and opened the credit card with the credit card after obtaining a business registration certificate, and explaining the method of borrowing money by using the credit card, or by making a prompt name card - and allowing the victim to pay money to the victim.

1. On September 15, 2017, the Defendant received KRW 7,600,000 in cash, excluding card fees, after settling the sum of KRW 9,00,000 with a credit card issued by a bank in the name of the victim, as if he/she purchased money in the absence of intent or ability to pay the payment for the goods with a credit card made by the credit card as above, and as if he/she purchased money, he/she received KRW 5,00,000 in the name of the victim, with a credit card issued by a G bank, and KRW 3,00,000 in the credit card issued by the H bank.

Accordingly, the defendant acquired property profits equivalent to the above card settlement amount from the victim by using the mental disorder of the victim.

2. On September 18, 2017, the Defendant paid KRW 2,000,000 with a credit card in the name of the victim, as if he/she purchased a gold at the above K, and received a cash of KRW 1,80,000 except for the card fee.