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(영문) 서울북부지방법원 2013.04.12 2013고단218
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

"2013 Highest 218"

1. On May 2010, the Defendant received money in the name of the Defendant from the bank account in the name of the Defendant on the 25th day of the same month, under the pretext of the fee, from the victim who believed that “3 million won will be raised on the 4th day of the disability grade” by telephone to the victim C, a person with a disability in the 6th degree of the disability grade, who is a physically handicapped person in the second degree of the disability grade.

However, even if the defendant received the above money, he did not have the victim's will or ability to give a better degree of disability, and the above three million won was left in the horse.

Accordingly, the defendant deceivings the victim and defrauds 3 million won.

2. From October 30, 201, the Defendant: (a) told the victim D to “the head of the legal office in Korea, who would be able to handle the case within three months; (b) to send 5,500,000 won attorney’s fee to the post office account in the name of the Defendant,” and received from the victim who believed to be able to do so, KRW 5,50,000 from November 2, 201.

However, the defendant did not have the head of the E-legal office, and even if he received the above money, he did not have the intention or ability to deal with the case of the victim, and the above 5.5 million won was left the horse.

Accordingly, the defendant deceivings the victim and defrauds 5.5 million won.

"Around April 2010, the Defendant received a phone call from the victim F to describe the traffic accident agreement issue," and falsely stated that "a victim may agree with the insurance company, if the agreement is not smooth, will substitute for a civil lawsuit." 300,000 won necessary for entering a civil lawsuit."

However, the fact that the defendant did not have an intention or ability to conclude an agreement with the insurance company or substitute civil action.

On August 12, 2010, the Defendant received KRW 300,000 from the victim as activity expenses.

In this respect, the defendant deceivings the victim to take property.

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