However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

On November 2013, the Defendant became aware of the Victim C, who is a disabled person of Grade II with intellectual disability, and then, through actions such as making the victim believe that the victim's intelligence is lower than that of ordinary people, making the victim believe that the victim is good, making the victim be able to follow the victim's horse, and receiving the loan from the financial institution in the name of the victim and keeping the loan without the consent of the victim.

1. From January 3, 2014 to July 9, 2014, in the forest credit cooperative located in the Dong-gu, Gwangju Metropolitan City, for the purpose of embezzlement by arbitrarily withdrawing KRW 20 million from January 3, 2014 to using the passbook and physical check card of the victim’s new cooperation account (D) in which the victim provided real estate owned by the victim as collateral and received a loan in the name of the victim, and storing the victim for the sake of the victim, while keeping the bank account and physical check card in custody from the victim’s name;

2. From July 24, 2014 to August 13, 2014, the victim was transferred to the said account and embezzled by arbitrarily withdrawing KRW 3 million from July 25, 2014 to August 13, 2014 without the victim’s consent while the victim was in custody for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A written application for a loan, the receipt of the credit, the contract to establish a mortgage, the contract to establish a superficies and a copy of the register attached to the written complaint;

1. A loan transaction agreement attached to a complaint;

1. Application of statutes attached to a disability grade decision and a written complaint;

1. Relevant Articles of the Criminal Act and Article 355 (1) of the Criminal Act concerning the crimes. Article 355 (Selection of Imprisonment or Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the accused shall have insufficient intellectual ability in a planned manner;