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(영문) 광주지방법원 2018.08.17 2018고단1299
사기
Text

A defendant shall be punished by imprisonment for one year.

The charge of fraud by deceiving livelihood benefits among the facts charged in the instant case shall be acquitted.

Reasons

Punishment of the crime

The Defendant is a victim C with a physical disability of the basic recipient C and a person who was living from April 2015 to December 2016.

1. On May 9, 2016, the Defendant acquired the maturity term deposit: (a) around 35, 110 p.m. by hand in the Gwangju Mine-gu, and (b) at the point of the Republic of Korea, Agricultural Co., Ltd. (hereinafter referred to as the “Seoul Mine-gu”); (c) known that KRW 20,759,979 of the term deposit that the victim had deposited one year prior to the maturity, and, (d) known that “I would make a transfer to the head of the Tong if there is a large amount of money in the passbook, but will do so.”

However, in fact, the defendant did not receive the passbook for the purpose of managing the money of the victim, but received the passbook for the purpose of using it for the defendant's living expenses, etc., so even if using the above passbook, he did not have the intent or ability to pay it.

Nevertheless, the victim believed the Defendant’s horse as a fact transferred KRW 20,759,979 to the Agricultural Cooperative Account (E) in the same day, and then withdrawn and used KRW 3,50,000 on the following day, and subsequently acquired KRW 20,759,979 from the above date to December 28, 2016.

2. The Defendant, through deception, was aware that the victim had been working for a printing company located in F in Mine area for about four years before the victim living with the victim and had been paid the amount of 1.6 million won per month as a production worker at the printing company located in Mine area for about four years, and that the victim would be entitled to receive benefits equivalent to the amount of 1.6 million won per month at around September 14, 2015, Gwangju Mine-gu G and 105 Dong 913 at the Defendant’s residence.

However, the defendant did not receive the above money for the purpose of managing the money of the victim, but received the money for the purpose of using it for the defendant's living expenses, etc.

Nevertheless, in fact, 1.3 million won was delivered from the injured party who believed this end as a fact to the same day, and as the list of crimes, June 13, 2017.

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