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(영문) 인천지방법원 2019.08.14 2019고단1330

사기등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant had internal relations between the victim B (n, 54 years of age) and the victim B (n, 54 years of age) from March 2018 to September 2018.

1. On April 9, 2018, at a place where it is impossible to know the specific place below Incheon, the defrauded sent C message to the victim a text message stating that “A deposit of KRW 237 million was deposited in D as a security deposit, and that D would be repaid with money until June 29, 2018,” and that “A loan would be repaid with money.” On June 29, 2018, the defrauded expressed a text message stating that D would be deposited into the Defendant’s account on June 29, 2018.

However, the Defendant did not have deposited money in D because there was no construction work in progress, and even if you sent the Defendant’s message from D, the Defendant prepared a false text message and presented it to the victim, but did not have to deposit money in the Defendant’s account from D. Even if the Defendant received money from the victim, it was thought that it would be used in the cost of living, and there was no idea to use it as the business fund, and even if the Defendant borrowed money from the victim, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received the remittance of KRW 3 million from the victim on the same day, and received from the victim from that date, from that time until July 31, 2018, a total of KRW 56,50,000,000 from July 31, 2018, as shown in the List of Crimes (1).

2. Around June 3, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras, etc.) taken pictures of the victim’s boomed by using a cell phone camera function in the Jung-gu Incheon E-gu, Jung-gu, Incheon.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone with the camera function against his will.

3. Fashion.