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(영문) 창원지방법원 마산지원 2018.09.18 2018고단614
준사기
Text

Defendant

A shall be punished by imprisonment with prison labor for three months, and by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Criminal facts

Defendant

A, Defendant B, and public prosecution other than the victim D, who suffered from the Gyeongdo intellectual disorder (I Q53), had the victim open a mobile phone through the victim's cell phone and take advantage of the mental and physical state of mental disorder, such as significantly falling the victim's ability to distinguish and display language, economic judgment ability, etc., to raise his/her living cost by deceiving the victim's cell phone through the victim's cell phone or by settling the victim's cell phone with the victim's cell phone by making the victim'

1. Joint crimes committed by Defendant A and Defendant B

A. On December 6, 2016, the Defendants would not inflict any damage on the cell phone set up in C and C, and in the cell phone set up in C and C, Chang-si, Chang-si, Mapo-si E.

“Along with the consent of the injured party to open a mobile phone in the name of the injured party, the injured party had the injured party open 72 mobile phones in the name of the injured party, and received 2,305,600 above 72 mobile phones equivalent to the market value of 2,305,60 won from the injured party.

As a result, the Defendants in collusion with C received property amounting to KRW 2,305,60 from the injured party by using the victim’s mental or physical disorder.

B. On July 3, 2017, around 15:00, the Defendants were located in Defendant B’s house located in Changwon-si, Changwon-si, Changwon-si F, and whether “the victim does not need money”;

It is intended to provide money by paying a small amount of money on the loan of a mobile phone.

“A person who gets a mobile phone from the injured party and paid a small amount of KRW 500,000 on the victim’s mobile phone,” and received KRW 332,00 from the non-small-sum settlement business operator.

Accordingly, the Defendants conspired to obtain 500,000 won property benefits from the injured party by using the mental or physical disorder of the injured party.

2. The sole crime committed by Defendant A;

A. On December 12, 2016, the Defendant: (a) at H stores located in Changwon-si G in Changwon-si, Changwon-si on December 2016, 2016; (b) whether “the victim does not need money;

It is more than once as the phone calls prior to the example.

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