If the defendant fails to pay the above fine, 50,000 won shall be one day.

On July 25, 2012, the Defendant issued a modern department store card in the name of a victim B with knowledge that the victim B was a mentally disabled person of Grade II and Grade III intellectual disability in the Daegu Jung-gu, Daegu-gu. On July 25, 2012, the Defendant purchased bags equivalent to KRW 1,465,000 at the market price using the said card in the said modern department store on July 27, 2012.

As a result, the defendant acquired the same amount of property profit by using the mental disorder of the victim.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to an investigation report (Attachment to a criminal complaint's intellectual disability and response to the result of appraisal of mental disorders);

1. Relevant provisions of the Criminal Act and Article 348 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;