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(영문) 광주지방법원 2013.11.29 2013고단2232
준사기
Text

A defendant shall be punished by imprisonment for six months.

An application for a compensation order shall be dismissed by an applicant for a compensation order.

Reasons

Punishment of the crime

Since from around 2000, the Defendant had been punished for fraud several times due to the failure to borrow money from other persons, the Defendant had no intention and ability to repay the money even if it borrowed money from the victim C, and was registered as a person with bad credit standing since 10 years ago.

Nevertheless, this paper tried to obtain money from victims for various loans using the mental disorder of the victim C, who is the victim with a disability of the second degree of intellectual disability and the victim with a disability of the second degree of disability in a de facto marital relationship with the defendant.

1. On July 19, 2012, the Defendant obtained 1,000,000 won from the victim in the Nam-gu Nam-gu Seoul metropolitan area from the Agricultural Cooperative located in the Nam-gu Nam-gu Seoul metropolitan area to obtain the victim's house and acquired the victim's 1,00,000 won on the same day as the victim's physical and mental condition, "I will complete the payment because there is a place to discharge from the hospital in which she is hospitalized." The Defendant borrowed 1,00,000 won from the victim on the same day.

2. Around July 29, 2012, the Defendant received 2,000,000 won from the victim in agricultural cooperatives, around July 30, 2012, from the victim’s home, and acquired 2,00,000 won from the victim, under the pretext of the loan, by using the mental and physical state of the disabled victim, “a person who is unable to pay money,” and by deceiving the victim, by deceiving the victim.

3. On August 13, 2012, the Defendant called the victim on a closed-end basis and called “the life is too difficult. If the Defendant borrowed it to B with the loan of insurance terms and conditions, he/she shall pay interest and principal well,” used the mental and physical conditions of the disabled victim, deceiving the victim, thereby allowing the victim to get a loan of KRW 9,000,000 by telephone to Ari-riman Life Insurance Co., Ltd. on the same day, and on the same day, 9,000.

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