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(영문) 서울북부지방법원 2015.05.20 2012고단2862
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

"2012 Highest 2862"

1. On July 201, the Defendant: (a) committed an act in the vicinity of the offset station located in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 5 Dong 173, and (b) took place to the victim B as if he/she were unmarried; (c) and (d) received an officetel to live together; and (d) sent money, he/she would seek to return money to the account under the name of Da; and (d) sent money to the account in the name of Don C.

However, in fact, the defendant was the husband who reported the marriage, and there was not any intention or ability to seek an officetel to live together even if he received money from the victim with two or more married women (the above C is the defendant's children), and he was thought to use it as living expenses, etc. by receiving money from the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 4,80,00 on July 19, 201 from the victim to the corporate bank account in the name of the defendant's child designated by the defendant from the victim, KRW 1,500,00 on July 21, 201, KRW 200 on July 25, 201, KRW 200,000 on August 5, 201, KRW 8,000 on August 8, 201, KRW 1,60,00 on August 10, 201, KRW 30,000 on August 30, 200, KRW 10,00 on August 10, 201, KRW 1,50 on August 30, 18, 200, KRW 100 on August 10, 201; and KRW 1,50,01; and

2. On August 3, 201, the Defendant made a false statement to the effect that “The Defendant would pay hospital expenses in lieu of hospital expenses to the victim at the E Hospital located in Seoul Special Metropolitan City, Nowon-gu, the victim would pay the hospital expenses in lieu of hospital expenses.”

However, due to the lack of living expenses, the defendant was in the possession of money under the name of living expenses as stated in paragraph (1) of the facts charged, and even if the victim pays hospital expenses, he did not have the intention or ability to complete the payment.

The Defendant, by deceiving the victim as above, had the victim take advantage of the victim’s body card to pay the amount equivalent to KRW 1,675,020 of hospital expenses at the above hospital, thereby obtaining pecuniary benefits equivalent to the same amount.

"2013 Highest 924"

1. A victim;

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