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Defendant
A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of one year.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
1. Defendant A’s sole criminal conduct, while serving as an apartment security guard in the C Apartment located in Daegu-gu from December 2, 2017 to March 2018 along with the victim D (Nam and 39 years of age), was aware of the fact that the victim’s intelligence is low and that the economic concept and situation judgment ability is insufficient compared to normal conditions, and had the victim obtain a loan from the financial institution, and had the victim use the loan from the financial institution.
On August 30, 2018, the Defendant: (a) in Daegu-gu, Seoul-gu around August 30, 2018, told the victim to the effect that “I will not get the loan necessary for raising money; (b) 4 million won was conveyed to the F Bank by telephone to the F Bank; and (c) when the loan was remitted to the account in the name of the victim, the Defendant received either KRW 3 million on the same day and KRW 1 million from the following day, respectively.
As a result, the Defendant, with a total intelligence index of 69 points, obtained 4 million won by using the mental disorder of the victim who lacks intellectual ability to determine the situation such as the repayment of the loan by obtaining a loan due to a very low treatment rate of 69 points, and acquired 17,365,300 won in total from March 14, 2019, as shown in No. 1 or No. 9 of the List of Crimes.
2. The Defendants’ co-principal-related Defendants knew of the fact that the victim’s intelligence is low and the economic concept and situation judgment ability is insufficient, and told the victim to purchase the vehicle with the loan from the financial institution, and then sell it to the substitute string vehicle, and at around January 11, 2019, Defendant A, at that time, stated to the effect that “the victim would be asked to receive the loan from the vehicle necessary,” and Defendant B, along with the victim, issued a certificate of personal seal needed for the loan at the neighboring community service center, etc.