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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The defendant knew that the victim B was not aware of that there was a intellectual disorder that the victim B was unable to easily distinguish, thereby raising the intent to defraud the money of the victim.
On November 29, 201, the Defendant: (a) at the Hong branch of the Dongdaemun-gu Seoul Dongdaemun-gu Seoul National Bank of Korea (285-9), “The money in the passbook is left to an account as it is, if it is.” On the other hand, the Defendant: (b) took off the money in the passbook as it is; (c) falsely ends, the Defendant issued 50,000 won’s cashier’s checks, 1 million won’s checks, and 5.6 million won in total, from the victim; and (d) on December 8, 201, the Defendant issued 648-10,000 won to the victim at the front branch of the Dongdaemun-gu Seoul National Bank of Korea, Dongdaemun-gu, Seoul; and (d) received 3,489,170 won from the victim, namely, from the victim.
However, as above, the defendant did not intend to receive money for the victim, and was thought to consume the money received from the victim to the defendant's living expenses.
Accordingly, the defendant deceivings the victim, and obtained a total of KRW 9,089,170 from the victim, thereby deceiving the victim.
Summary of Evidence
1. A protocol concerning the examination of partial police officers of the accused;
1. Protocol of the police statement concerning B;
1. Application of Acts and subordinate statutes on the details of financial transactions, withdrawals, copies, and withdrawals;
1. Article 347 (1) of the Criminal Act applicable to the crimes;