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(영문) 창원지방법원 2012.12.13 2012고단3130

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

피고인은 청각 2급 장애인(농아자)으로서 2004.경부터 같은 청각 장애인인 피해자 C과 D학교(청각장애인학교) 선후배로 알게 되었고, 인터넷 네이트온 및 E 사이트에서 채팅을 통하여 서로의 안부를 전하며 지내던 중, 피해자에게 미국에 유학중인 여자와 결혼할 수 있도록 소개시켜 주겠다고 말하며 그 여자의 사진을 화상채팅을 통해 보여주는 등으로 피해자의 환심을 샀다.

On January 16, 2009, the Defendant sent a false statement to the victim that “if he/she lends money to the victim, he/she will pay it later, he/she will pay it later.” The Defendant received from the victim a remittance of KRW 50,000 from the Defendant’s national bank account (F) around January 16, 2009, KRW 70,000 around January 20, 2009, and KRW 21,000 around February 16, 2009, respectively.

After that, around February 20, 2009, the Defendant made a false statement to the effect that “The Defendant would lend money to the victim. I would pay the money to the victim. I would like to do so. I would like to pay the money to the victim. I would like to make the head of the passbook 1. I would be able to make the winning of the passbook 1. I would like to make the winning of the passbook 1. I must have the deposit performance in the head of the Tong.”

However, the defendant did not have the intention or ability to complete payment even if he borrowed money from the victim, such as going home and living a know-how in the vicinity of Msan Station without a certain occupation or residence, and there was no intention or ability to make the victim win the kin.

Nevertheless, the Defendant around that time received the victim’s bank passbook (G) passbook, national bank (H), each debit card and password from the victim by mail, and then received the victim’s above passbook from March 10, 2009 to March 31, 2010.