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Defendant
A shall be punished by imprisonment with prison labor for one year.
The application for compensation order of this case shall be dismissed.
Reasons
Punishment of the crime
[2013 Highest 3829] C and the victim B were pregnant by C during the period of her death from the “Emart” located in Ulsan-gu, Ulsan-gu to the workplace rent, and were living together with C after promising marriage from August 9, 201 to September 201.
The Defendant and F, as a married couple, became aware of each other with C as a result of visiting the said “Emart” serving as a customer by C.
1. The Defendant and C’s criminal act of fraud maintained the relationship with the victim B by deceiving money from the victim by using the victim’s intellectual disorder, and C knew that the victim was suffering from brain disease due to traffic accident, with the awareness that the victim B was suffering from brain disease due to traffic accident, the Defendant and C attempted to liquidate the living together with the victim’s life and to defraud the money.
Around August 16, 2011, Defendant and C conspired to withdraw a deposit by deceiving the victim with the knowledge of the existence of a deposit in the victim’s name with the same interest. C, around August 16, 2011, with the awareness of the existence of a deposit in the victim’s name, concluded that “I would withdraw the money deposited in the passbook and use it for the cost of living. I would like to raise son and raise son, it would be necessary to make a false statement, and the Defendant would withdraw the deposit and use it for the cost of living until she would be employed for employment in the Heavy Heavy Industries on the same day. The money used is paid in full.”
However, in fact C had the victim withdraw his deposit, it did not have the intent to maintain the marriage life with the victim, and the defendant did not have the intent or ability to employ the victim in the modern middle industry.
As above, the Defendant, by deceiving the victim together with C, had the victim withdraw KRW 1,00,239 from the victim's deposit by cancelling the free savings account (Account Number: H) in the name of the victim at the new central community credit cooperative in the Dong-dong of Ulsan-gu, Ulsan-gu, Seoul-gu, and then let the victim withdraw the said deposit.