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(영문) 수원지방법원 2018.12.07 2018고정1033
사기등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Under the Military Criminal Act, the Defendant, who left without permission, is a person who serves as a weapons guard from “C Training Site” located in B when he/she is in harmony.

Although the Defendant should work at the above training site from September 25, 2017 to September 08:30, the Defendant did not work without justifiable grounds.

Accordingly, the defendant did not reach a designated place without permission by the designated time.

2. Fraud;

A. On February 2, 2017, the Defendant defraudeded KRW 1,458,836, such as mobile phone charges, at a main point where it is impossible to identify the trade name in the hand-over operation of Suwon-si, the Defendant: (a) removed the money by deceiving the victim, while he gets dead, after the Defendant immediately talked the victim D; and (b) laid down the money by deceiving the victim.

On March 4, 2017, the Defendant called “E” at a place where it is difficult to know the headquarters of the Suwon-si, Suwon-si, which reads “E” to the victim that reads that “on the face of the mobile phone and the installments will be identified by entering the mobile phone.”

However, since the defendant did not have any particular property due to the situation in which he is in military service, even if he used the mobile phone which he was enrolled in the name of the victim, there was no ability or intention to pay the charges or installments.

The Defendant, as above, did not pay KRW 908,00,000 to the victim without paying KRW 550,836, even though he/she had deceiving the victim and issued one mobile phone from the victim.

Accordingly, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 1,458,836.

B. Around June 1, 2017, the Defendant defrauded 2 million won of the loan, saying, at the victim’s money house located in Osan City F, that “the principal and interest of the loan will be known to the victim by receiving the loan.”

However, due to the fact that the defendant did not own any property due to the situation in which he is in military service, even if he borrowed money from the injured party, he did not have the ability or intent to pay the money.

The defendant deceivings the victim as above and is about 500,000 won on the same day from the victim.

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