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(영문) 서울서부지방법원 2013.10.23 2013고단918
상습사기등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On January 28, 2011, the Defendant was sentenced to 10 months of imprisonment for fraud at the Incheon District Court, and the same criminal records amount to 30 times. On December 21, 2011, the Defendant was sentenced to 6 months of imprisonment for an injury at the Incheon District Court, and completed the enforcement of the sentence on May 24, 201 in the Incheon Detention House.

1. Habitual Fraud Defendant habitually obtained the victims’ property or pecuniary advantage as follows:

Around 18:00 on April 2, 2013, the Defendant made a false statement to the victim E that “If the Defendant is a patient hospitalized in a hospital, he would pay the rent if he/she lends the Noart North Korea to the hospital.”

However, in order to raise the living expenses, the Defendant had sold it to another person, so even if he borrowed it from the victim, the Defendant did not have any intention or ability to pay the rent.

As such, the Defendant, by deceiving the victim, received a delivery from the victim of the same day, of an amount equivalent to one million won a market price from the sick room.

B) On April 4, 2013, around 15:00, the Defendant reported an advertisement of the No. 206 of the G Hospital in Geumcheon-gu Seoul Metropolitan Government F, and called the victim H to “the victim would pay the rent if he/she was hospitalized in the hospital.” However, the Defendant thought that he/she would sell the No. Sheet North Korea to another person for the purpose of raising living expenses, and thus, did not have any intent or ability to pay the rent even if he/she borrowed the No. Sheet from the victim. As such, the Defendant deceivings the victim, and was given the payment of the rent at around 17:00 on April 9, 2013 by the victim.

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