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(영문) 전주지방법원 군산지원 2019.01.18 2018고단304
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 19, 2014, the Defendant, on the charge that the Victim B administered narcotics by the husband C, who is the husband, was detained by the Incheon Southern-dong Police Station, and was aware of the husband's back part, and was able to obtain money by deceiving the victim instead of the husband's back part.

1. On October 25, 2014, around October 24, 2014, the Defendant, at the above police station parking lot, made a false statement that “Around October 24, 2014, the Defendant: “Around October 25, 2014, the Defendant recognized the progress of the instant case because there are many criminal cases inside the police station; I would like to see the back of the case; and I would like to see the case.”

However, the Defendant, at the time, did not have an intention or ability to substitute the husband's back part of the victim's debt such as bank loans, on the other hand, did not have any property or income, and therefore, the Defendant was in need of living expenses due to the lack of any property or income.

Around October 25, 2014, the following day from the victim, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the Defendant’s DNA bank account (Account Number E) in the name of expenses to care for the back of the husband of the victim. On November 4, 2014, the Defendant received KRW 5 million from the victim, making a false statement that he/she sent an additional KRW 5 million to the above account by sending another KRW 5 million as he/she gets off the phone to the victim and sending another additional KRW 5 million.

Accordingly, the defendant was given a total of KRW 10 million to the victim by deceiving the victim.

2. On November 14, 2014, the Defendant made a false statement to the effect that “Around November 14, 2014, the Defendant, who committed the crime, called a phone call to the victim at an irregular place, and, on November 14, 2014, said that “When an attorney is appointed, the husband may have his/her husband left the bar before his/her husband.” If an attorney is well-known and deposited, he/she would be able to release him/her from the bar before his/her release from the bar.”

However, the defendant only thought that he will take money from the victim to consume it as a cost of living, and the victim from the beginning.

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