beta
(영문) 전주지방법원 2020.06.18 2019노1552

준사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The victim cannot be deemed to have a mental disorder due to old age and dementia. 2) The Defendant agreed to have the victim’s sick care and together with the victim, and the victim paid the Defendant’s debt to this end, and withdrawn the money by notifying the name of the passbook, seal, and account password. Therefore, there is no fact that the victim had taken money by deceiving the victim.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. 1) In light of the following circumstances and facts acknowledged by the evidence duly adopted and investigated by the lower court and the video CD (Evidence List No. 31) conducted by the method of recycling at the trial, the fact that the Defendant committed the instant crime by taking advantage of the victim’s mental and physical condition may be sufficiently recognized. Quasi-Fraud is a crime established by taking advantage of mental and physical disorder even if it is not a means of deception, so long as the Defendant was found to have committed the instant crime by taking advantage of the victim’s mental and physical condition, the Defendant’s assertion that the Defendant did not deceive the victim is no longer examined. A), “The Defendant was treated as an external patient from around 2005, and was treated as A, from around June 2014, 2014, at around 20, Albnz’s old-age symptoms (Evidence No. 31), and the Defendant was given treatment at around 214, 2014; and the Defendant was issued at around 214, 2014.

. documentary evidence records;