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(영문) 수원지방법원 평택지원 2018.05.02 2017고단1369

사기

Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 1,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[Fact-finding] On July 15, 2015, Defendant A was sentenced to two years of imprisonment, a fine of 15 million won, additional collection of KRW 40 million, and the judgment was finalized on October 16, 2015, due to the violation of the Act on the Punishment of Acts, such as the Arrangement of Commercial Sex Acts, Etc. (Mediation of Commercial Sex Acts, etc.) and the crime of bodily injury in the Support for Insan of Suwon Friwon method.

Defendant

A, through Defendant B, came to know that the victim E, a senior high school of his female, has intellectual disability (I Q approximately 52), and that the decision-making ability and judgment ability are considerably insufficient, Defendant B accessed the victim and got the victim to open the cell phone in the name of the victim, let the victim open the cell phone in the name of the victim, obtained the loan, and conspired to commit fraud against Defendant B and the victim.

In addition, the Defendants conspired to acquire only cash without the intention to use the Internet circuits through the use of cash payment from an agency affiliated with the telecommunications company in the event of joining the Internet circuits.

[Criminal facts]

1. The criminal defendant A who acquired the mobile phone shall have the victim E make a phone call to the victim E and open the mobile phone in the name of the victim, and the criminal defendant B shall not open the phone to the victim at a place where the police officer was not a police officer on November 2014, and the criminal defendant B shall not open the Handphone in the current name.

In four names, the Handphone was used on the main side by opening the Hand, and the end installment and the fee are to be paid without mold.

However, in fact, the defendants thought that they would immediately dispose of them to third parties when they were delivered with a Handphone which was opened in the name of the victim, and there was no intention or ability to pay installments and charges properly.

Accordingly, the Defendants conspired to attract the victim by using the mental disorder of the victim and let the victim open the cell phone (H) in G located in the Nam-gu, Incheon Metropolitan City around November 6, 2014.