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(영문) 대전지방법원 홍성지원 2019.01.23 2018고단152
준사기
Text

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

Reasons

Punishment of the crime

The Defendant: (a) was divided into a victim B; (b) was unable to determine whether the victim was able to engage in normal property transactions with other people, such as having much recognition and communication ability compared to the general public; (c) was in a state of mental disorder; and (d) was aware of the fact that the victim was in a state of mental disorder; and (d) had the victim receive credit cards from the victim to use them

1. On October 1, 2016, the quasi-Fraud Defendant stated that “Abandon the part of the victim’s house located in Chungcheongnam-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City, Abandon the part of the victim, “Abandon the part of Abandon need to be Abandon the part of Abandon.” The body of the Defendant also lacks hospital expenses. If the card is lent, it would be used as hospital expenses, etc. and be repaid without a mold.”

However, in fact, the victim could not directly determine whether the defendant's father or the defendant open or open, whether the defendant's father and the defendant need to use the card as hospital expenses, whether the defendant would use it only as hospital expenses, etc., and whether the defendant would have paid the amount without the molding.

The Defendant, by taking advantage of the mental and physical condition of the victim, received a C Card (E) from the victim’s name, and used KRW 10,137,340 from around that time to December 23, 2016, and did not pay the price, thereby acquiring pecuniary benefits equivalent to the same amount.

2. A quasi-Fraud Defendant said that, around October 12, 2016, at the home of the above victim, the victim provided that, “I will receive loans from the victim as he or she is urgently required to pay the amount with hospital expenses, etc.” and that “I will pay the loans and interest.”

However, in fact, whether the victim's father, the defendant's principal's hospital expenses, etc. are urgently needed, and for this reason, whether the victim's money needs to be loaned to the victim.

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