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(영문) 서울북부지방법원 2014.12.19 2014고합236
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Criminal facts

On February 17, 2012, the defendant and the applicant for medical treatment and custody (hereinafter referred to as "defendant") were sentenced to two years of imprisonment for fraud, etc. at the Seoul Western District Court on February 17, 2012 and completed the execution of the sentence in the Daegu Prison on October 12, 2013.

【Criminal Facts】

The defendant committed the following crimes in a state that he or she lacks the ability to discern things or make decisions due to a dead-maid disorder.

On December 4, 2013, the Defendant: (a) on December 4, 2013, 2013, the Defendant: (b) on the second floor of the Dongdaemun-gu Seoul Building C, the victim D operated by the second floor; and (c) on fact, the Defendant, despite having no intent or ability to pay the price, was acting as if the victim were to pay the price.

The Defendant, by deceiving the victim as such, was immediately provided by the victim with an amount equivalent to KRW 327,00 in total of KRW 25,00,000, KRW 260,000, KRW 7,000 per Kafri, KRW 35,00 per Kafri, and KRW 25,00,00 per Kafri.

On December 2, 2013, the Defendant: (a) around 5:10 on December 5, 2013, 2013, the Defendant, “2014 High 237,” committed an act to the effect that the Defendant, despite having no intent or ability to pay the price, he/she had “hing shop” operated by the Victim G in Songpa-gu Seoul, Songpa-gu, Seoul; and (b) he/she, despite having been provided with alcoholic beverages and liquors, he/she had no intent or ability to pay the price.

The Defendant, as such, by deceiving his employee, was immediately provided by the said I with an amount equivalent to KRW 370,000, such as the two weeks, over, and over.

On November 6, 2013, the Defendant: (a) around 20:30 on November 20, 2013, the “Ling shop” operated by the Victim K in Seongdong-gu Seoul, Seongdong-gu, Seoul; and (b) on fact, the Defendant would normally pay the price in the absence of any intent or ability to normally pay the price, even if the Defendant was provided with alcohol, alcohol, etc. from the victim.

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