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(영문) 서울중앙지방법원 2017.10.12 2017고단5478
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[2017 Highest 5478]

1. Crimes against victims C;

A. Fraud (1) From May 23, 2017, the Defendant: (a) proposed a “slphone” proposal to the effect that the Defendant would bring about KRW 10 million in return for a sexual intercourse with the victim C (if he/she had a sexual intercourse with two to three times in one month; (b) around May 30, 2017, the victim respondeded to the victim; and (c) around June 8, 2017, at the residence of the victim of officetels located in Gangnam-gu Seoul Metropolitan Government (SNS), the victim was sexual intercourse with the victim on two occasions.

However, the defendant's house was irrelevant to the fashion group, and the circumstances were not sufficient, and the defendant was working as a social service personnel, and there was no particular income, and even if there was sexual intercourse with the victim, there was no intention or ability to pay the money in return.

As such, by deceiving the victim and allowing the victim to comply with the sex relationship with the defendant two times, the defendant acquired the pecuniary benefits of the amount of money which is the consideration for the sex relationship.

(2) On June 5, 2017, the Defendant received a demand from the victim of the above injury to request one million won in return for the sex relationship that took place around May 30, 2017, and the victim had a black card created in France. To use the card, it is necessary to transfer KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000). The Defendant was transferred from the victim to one bank account in the name of the Defendant on June 6, 2017.

However, as seen earlier, the Defendant did not have any particular property or income, and did not have a credit card, and money from the victim.

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