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(영문) 전주지방법원 2019.06.05 2018고단2506
준사기등
Text

A person shall be punished by imprisonment for a term of four months, with prison labor for a term of one year, with prison labor for a term of two or more years, or with prison labor for a term of four or more crimes.

Reasons

Punishment of the crime

【Criminal Force】 On February 22, 2018, the Defendant was sentenced to a suspended sentence of three years and a fine of three hundred thousand won on March 3, 2018 at the Jeonju District Court for the commission of rape, etc.

【Criminal Facts】 2018 Highest 2506】

1. The injured party B was exempted from military service for adults of 22 years of age or intellectual disability Grade II, and is a person who lacks the ability to make a decision because he/she does not write or understand any writing other than his/her and his/her family name;

On July 2, 2018, the Defendant: (a) used the victim’s physical and mental disorder before the medical corporation E medical foundation E-the Medical Foundation, which was located in Yansan-gu, Jeonju-si; and (b) used the victim’s cell phone opening in the name of the victim and used the victim’s cell phone opening in the name of the victim.

B. A quasi-Fraud Defendant in F mobile phone from the same day took the victim into consideration as “H” located in Seocho-gu G at the Jeonjin-gu Seoul Metropolitan City on the same day, and made the victim open the victim’s mobile phone in his/her name, and received the victim’s mobile phone equivalent to KRW 1,094,50 of the opened market price, and did not pay the victim’s money, even though he/she paid a small amount of money equivalent to KRW 206,700 using the received mobile phone.

As a result, the defendant received property and acquired property profits by using the mental disorder of the victim.

B. A quasi-Fraud with regard to I mobile phones on the same day, the Defendant used the victim’s chip from K Burial located in JJ in Busan-gu in the Jeonsan-si, and opened his/her mobile phone, and told the victim to open the victim’s mobile phone under the name of the victim, and did not pay the victim a small amount of money equivalent to KRW 752,260, while using the opened mobile phone with a dry chip from another mobile phone.

Accordingly, the defendant acquired property benefits by using the mental disorder of the victim.

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