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(영문) 대구지방법원 2017.12.07 2017고단5331

준사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the president of the D Dogwon located in the Gyeongbuk-si, Gyeongbuk-do, and E is the head of the victim F.

On November 11, 2016, the Defendant visited G mental hospitals around 14:00 on November 14, 2016, when the victim suffering from 30 years from her early early illness, and transferred the victim's domicile to E on November 22, 2016 after visiting the G mental hospitals to the nearest area of Gyeongsan City.

In the process of changing the address of the victim, the defendant was aware of the fact that there is a basic living cost in the passbook (Account Number H) in the name of the victim in the Dong office, and was willing to receive basic living cost using the state of mental disorder of the victim.

On November 25, 2016, the Defendant received KRW 15,742,718 from the victim, who was suffering from mental or physical disorder due to the impossibility of normal accident at the border point of a corporate bank located in the litigation of the 223 Gyeongsan-si, Busan-si, and thus, due to the impossibility of normal accident, the Defendant required the victim to report the loss of the passbook in the account in the name of the said victim’s bank account and received the return of the check.

As a result, the defendant received property owned by the victim by using a mental disorder of a person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, F, J, and K;

1. A complaint;

1. Application of Acts and subordinate statutes on one copy of bankbooks, one document, and one copy of bank transactions;

1. Relevant Article 348 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the defendant received the basic supply cost of the victim who suffers from early illness for a long time, but is not good to commit the crime, such as the first offender, the fact that the defendant recognized the crime of this case, reflects the mistake, and fully returned the amount of damage, and other favorable circumstances, such as the defendant's age.