(영문) 춘천지방법원 원주지원 2015.06.10 2015고단264

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(영문) 춘천지방법원 원주지원 2015.06.10 2015고단264

사기

Text

The defendant shall dismiss the application filed by the applicant for compensation.

Reasons

On October 14, 2014, the summary of the facts charged is as follows: (a) the Defendant, at the home of the victim C of the D Apartment apartment located in the original city, received a request from the victim for purchasing 2 soldiers by proxy and withdrawal of 100,000 won in cash from the victim in the name of the victim; (b) the Defendant got the victim's cash card and password from the victim in the name of the victim; and (c) the Defendant was committed as if he

However, since the defendant knew that the victim could not properly manage the cash card due to the existence of alcohol, the defendant was able to obtain the cash card and password of the victim and to pay the defendant's debt by using the cash card, and even if he received the cash card from the victim, he did not have the intent or ability to return the cash card.

Nevertheless, the Defendant, by deceiving the victim, received the cash card and password from the victim, and then released 200,000 won by inserting the said cash card in the cash payment season near the apartment on the same day.

In addition, the Defendant, using the said cash card, withdrawn KRW 100,000 in cash around October 22, 2014; withdrawn KRW 300,000 in cash on November 3, 2014; withdrawn KRW 300,000 in cash on November 3, 2014; withdrawn KRW 1 million in cash on November 5, 2014; and withdrawn KRW 56,50,00 in cash on November 6, 2014.

After all, the defendant deceivings the victim and deceivings 7,50,000 won in total from the victim.

Judgment

1. The defendant and his defense counsel stated that the defendant's defense counsel provided a cash card to the defendant while stating that the victim "if necessary, find it and deliver it to the defendant," and the defendant withdrawn cash with his authority. Thus, although the defendant had to recover money more than the expected amount of the victim and expressed his/her intent to repay it to the victim, he/she is immediately the victim from the beginning.

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