A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[2014 Highest 4412] The Defendant operated K by the J of Yangju-si, and employed L as an employee from February 12, 2009 to May 24, 2013.

The Defendant used the following facts: (a) while operating K, as the financial conditions have deteriorated to the extent that it is difficult to operate the factory due to the impossibility of operating the factory; (b) received money from the victim for the purpose of repaying the principal and interest of the loan, paying wages to employees, paying credit card payments, etc.; and (c) received KRW 130,080,000 from April 2, 2009 to February 2, 2013 by using the victim’s mental and physical disorder during the period from February 2, 2013.

1. Fraudation of KRW 25 million with deposits from April to May 5, 2009

A. On April 2, 2009, the Defendant: (a) stated that the Defendant lent money to the victim “I will lend money to the victim; (b) will be repaid immediately; and (c) the victim who lacks intellectual ability was aware of what economic and legal meaning.

Accordingly, the defendant received money from the victim by remitting the amount of KRW 15 million from the victim's agricultural bank account to the defendant's corporate bank account through the victim's passbook and security card in advance.

As a result, the defendant was given property by taking advantage of human mental and physical disorder.

B. On May 25, 2009, the Defendant stated in the above K that “The payment shall also be given to the trader, and if the payment is made later, it shall be paid in full.” The victim who lacks intellectual ability is aware of what economic and legal meaning the proposal is.

Accordingly, the Defendant received money from the victim by remitting KRW 10 million from the victim's corporate bank account to the victim's corporate bank account managed by the defendant from the victim's agricultural bank account using the passbook and security card of the victim who had been in possession of the same day.

This is the defendant.