beta
(영문) 인천지방법원 부천지원 2017.12.15 2017고단2258

준사기

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

On May 2016, the Defendants became aware of the victim C, who is a class 3 disabled person with intellectual disability while running a mobile phone game, and conspired to borrow the loan after receiving the loan in the victim's name by using the mental and physical disorder of the victim.

1. Defendant A’s sole criminal defendant committed a single crime has a way to disadvantageously treat the victim with money at the victim’s residence in the Bupyeong-si building on May 9, 2016 and the Defendant’s residence in 606.

3.2.4 million won was collected from the victim who withdrawn the money from SBI Savings Bank on May 10, 2016 when the amount of KRW 5 million was transferred from the SBI Savings Bank to the Agricultural Cooperative Account in the name of the victim.

Accordingly, the defendant was given property by using the mental disorder of the victim.

2. The Defendants’ joint crime committed on May 17, 201, at the places indicated in the foregoing paragraph 1 above, whether the “the Defendant need no longer money.”

As Defendant B was the victim with the consent of the victim who was unaware of its meaning, Article 3 (1) applies for a loan contract in the name of the victim by telephone to the savings bank, and on May 18, 2016, Article 4 (2) received KRW 5 million from the savings bank to the agricultural bank account in the name of the victim, from the victim who withdrawn the money.

As a result, the Defendants conspired to receive property by using the victim’s mental or physical disorder.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement protocol with respect to E and C;

1. Investigation report (data reply-written application for loans received by the Savings Bank), investigation report (data reply - data reply - loan application documents received from the SBI Savings Bank);

1. A certificate or medical certificate for the disabled;

1. Account transactions, the statement, the section, the notice of proposed loss of interest within the term of the Savings Bank, the notice of commencement of the legal procedure of the SBI Savings Bank, demands for repayment of debts and notice of confirmation of collection of claims, and the notice of confirmation of collection of claims shall be the Savings Bank reply data and SBI Savings