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(영문) 서울중앙지방법원 2015.01.07 2014고단1564
사기등
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

"2014 Highest 1564"

1. Fraud against victim D;

A. On January 31, 2011, the defrauded of mobile phone usage fees, the Defendant introduced a sponsor to support the victim D with school expenses, living expenses, etc. in the “F” located in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, by introducing a sponsor to support the victim D with the fypt. In doing so, the Defendant made a mobile phone creation and use of a mobile phone in order to promptly communicate because the victim is a person with high social status. The user fee is to be borne by the victim. The Defendant used the mobile phone installed in the name of the victim from the victim to use the mobile phone amounting to 618,990 won for the user fee.

However, the fact was that the defendant used the above mobile phone even after the victim received the above mobile phone, and there was no intention or ability to pay the service fee.

Accordingly, the defendant, by deceiving the victim, acquired the pecuniary profit equivalent to 618,990 won.

B. On February 25, 2011, the Defendant, by fraud, made a false statement to the victim D, stating that “The victim D shall be paid KRW 300,000,000 as a security without being paid in cash for one year by supporting KRW 300,000,000,000,000,000,000,000,000 won, if the loan was received.”

However, even if the defendant received the above money from the victim, he did not have the intention or ability to pay it.

Accordingly, the Defendant received 3 million won by deceiving the victim and acquired it by fraud.

"2014 Highest 2385"

2. Around August 4, 2010, the Defendant against the victim G made a false statement to the victim G at the coffee shop located in the Gangnam-gu Seoul Metropolitan Government Newdong, stating that “I would offer the amount of money used to produce Alba crime.”

However, the defendant intends to produce and use the victim's destroying crime even after receiving money from the victim.

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