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(영문) 전주지방법원 정읍지원 2020.02.06 2018고단175
사기
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months;

2.(a)

1. 1.

Reasons

Punishment of the crime

Defendant

A and Defendant B were aware of the fact that the victim C, who had been aware of residing in the apartment like the Defendants due to a traffic accident, did not have the memory and thinking ability, etc. due to the traffic accident, and had the victim acquired money from the victim.

1. The Defendants’ co-principal (Fraud)

A. Around February 14, 2015, Defendants related to the deceptionation of the name of employment referred to the purport that “I will get the victim to work in F or G” before the E-Unions branch located in Jung-gu, Jung-gu, Seoul.

However, even if the Defendants received money from the victim, they did not have the intention or ability to get the victim to work F or G.

Nevertheless, from around that time to April 1, 2015, the Defendants received KRW 1 million from the victim to receive KRW 1 million in cash from the victim, and acquired it under the name of being employed for a total of KRW 8 million as shown in the annexed crime list 1, as a total of eight times as between April 1, 2015.

B. On May 18, 2015, Defendants related to the deceptionation of living expenses referred to the purport that “the victim will repay the money to the victim if he/she lends the money.”

However, at the time of fact, the Defendants did not have any intent or ability to pay the amount even if they borrowed money from the victim without any specific property.

Nevertheless, the Defendants received 7 million won in cash from the victim for living expenses in the same place, and acquired it by fraud.

C. The Defendants were aware of the receipt of KRW 28 million under the pretext of agreement in connection with a criminal case in which the victim C and C-friendly H have filed a criminal complaint. The Defendants were aware of the receipt of KRW 28 million under the pretext of agreement.

On October 23, 2015, the Defendants followed the victim in front of the “J” convenience store near the I apartment near Jung-gu, Jung-gu, 2015, and run as if the victim received the agreement by talking with the prosecutor.

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