A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant knew that the victim C was aged 94 years old and the symptoms of dementia worse, and thus, did not have a normal judgment on the property transaction, with the knowledge that he was unable to receive money as the name of dental treatment.

1. On May 25, 2017, the Defendant: (a) reported the loss of a passbook in the name of a national bank in the name of the victim to the victim and had the victim withdraw KRW 3,00,000 from the account; and (b) received the payment from the victim.

2. On June 1, 2017, the Defendant: (a) reported the loss of the head of the post office in the name of the victim to the victim to the head of the post office located in the Busan-gun, Busan-gun; (b) reported the loss of the head of the post office in the name of the victim to the victim; and (c) received the refund from the victim; and (d) received the payment from the victim.

Accordingly, the Defendant received a total of KRW 8,660,000 from the injured party by taking advantage of the victim’s mental and physical disorder twice in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Application of the details of account transactions, reports on loss of passbooks/passs, diagnosis certificates, investigation reports (Adjustment of the contents of victim C diagnosis conversations), telephone recording CDs-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 348 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Code of the Social Service Order is a repeated acquisition of money by taking advantage of the victim’s dementia condition, and the nature of the crime is good.