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(영문) 수원지방법원 2018.04.05 2017고단7765
사기
Text

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

Reasons

Punishment of the crime

[criminal history] On May 9, 2014, the Defendant was sentenced to two years of imprisonment for fraud, etc. in the Vice-Support of the Incheon District Court, and the execution of the sentence was completed at the Cheongju Women’s Prison on January 23, 2016.

[2] In a situation where the Defendant lacks the ability to discern things or make decisions due to intellectual disability, the Defendant was introduced through the marriage information company of D at the home of the Defendant located in Suwon-si, Suwon-si, Suwon-si, through around May 17, 2017, but in fact, phone call to the victim E who does not have any difficulty and call to the victim E to “the body is hospitalized in Ampha Hospital,” and the Defendant was unable to discharge the victim due to lack of hospital expenses.

In order to transfer money, the principal hospital expenses will be paid, and it will be paid at the time of the following direct delivery.

The phrase “ makes a false statement.”

However, in fact, the Defendant was not hospitalized at a hospital, and there was no particular property or income, and the need for money such as delayed payment of the mobile phone usage fee and the car usage fee, and thus, intended to use the money for the cost of living, such as the payment of overdue charges from the injured party. Therefore, even if the Defendant borrowed money from the injured party, there was no intention or ability to use it as hospital costs or to pay the injured party directly.

Defendant deceiving the victim as above and received KRW 150,000 from the Agricultural Cooperative Deposit Account (Account Number:F) in the name of the Defendant on the same day from the victim. From that time until June 5, 2017, Defendant acquired KRW 10,100,000, in total, from the victim by the following methods, from June 5, 2017:

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of trading account number of the former E Bank;

1. Character messages printed out;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries into criminal history history (A), investigation reports (reports attached to the judgment and personal confinement status);

1. Criminal facts;

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