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(영문) 대전지방법원 2016.01.27 2015고단1868 (1)
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to take lectures for sexual assault treatment for 40 hours.

Reasons

Punishment of the crime

[2015 Highest 1868] On April 8, 2015, the Defendant stated that “The Defendant would make a loan to the victim E by opening a cell phone in the name of four mobile phone and selling it in a middle order, so that he/she would help it to do so.” On the same day, he/she opened two cell phoness in the name of the victim, and then, in the name of the victim, he/she made a false statement to the victim of one bank located in the Seo-gu Daejeon-gu Daejeon-dong, Daejeon-gu, Daejeon, that “The above two cell phones are sold in KRW 1,100,000, and then deposit the sales proceeds with the account in four passbooks after receiving the sales proceeds from the account.”

However, even if the defendant received two mobile phones from the injured party and sold them on a second-hand basis, he did not have any intention or ability to deposit the sales proceeds to the injured party.

Accordingly, the Defendant, by deceiving the victim as above, received the two cell phones from the victim and sold the same day to the mobile phone wholesalers under the name of the same day, and transferred the sales proceeds of KRW 1,100,000 to the account in the name of the Defendant, but acquired the pecuniary benefits equivalent to the same amount by the method of not depositing it to the victim.

[2015 Highest 3812] Facts were that even if the defendant sold his mobile phone from the victim F of pro-Japanese job offering, he did not pay the amount to the victim and the defendant would have used it.

Nevertheless, on April 26, 2015, the Defendant would make a loan to the said victim by selling the mobile phone if he/she purchases the mobile phone from the said victim in front of the Busan metropolitan community center located in Jung-gu Daejeon, Daejeon.

In a false manner, the victim had the victim purchase the "S6" mobile phone in the gallon jum, and then acquired it from the Dong, and sold the mobile phone to G for 6.10,000 won, and did not pay 20,000 won to the victim and paid 590,000 won to the victim.

[2015 Highest 388] Defendant is a mentally disabled person with a mental disability.

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