A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant is a small father of the victim C, and the victim is a disabled person with intellectual disability who has no knowledge of transactions such as sale and purchase of real estate or creation of security rights, etc., with intelligence index being over the degree of 50 to 70.

The defendant, using the mental disorder of the victim, has taken advantage of the mental disorder of the victim for lending real estate owned by the victim as security.

1. On January 22, 2008, the Defendant obtained a loan of 30,000,000 won by obtaining a signature, etc. on all the documents with the consent of the victim who did not understand the purport of the establishment of the right to collateral security, and obtained a registration of the establishment of the right to collateral security with the content of the debtor's victim, the victim of the right to collateral security, the Saemaul Bank of Korea, the maximum amount of the claim amount of KRW 42,00,00,000, from the Yongsan-si Saemaul Bank of Korea, which is the victim's possession, as joint collateral at the Yongsan-si D, E, and F, the Defendant.

2. On December 24, 2014, the Defendant: (a) registered the establishment of a right to collateral security with the content of KRW 65,000,00 with the Defendant, the Defendant jointly secured the Defendant, the Defendant, the Defendant, the Saemaul Bank of Western-si, the Defendant of the right to collateral security, and the maximum amount of the claim amount of KRW 65,00,00,000, at the Seocho-gu, Suwon-gu, Suwon-si, which was located in Suwon-si, the right to collateral security; and (b) obtained pecuniary benefits equivalent to that amount by having the Defendant sign the documents with the consent of the victim who

3. On April 7, 2015, the Defendant obtained financial benefits equivalent to KRW 26,00,000 (the changed amount of KRW 91,00,000 - the changed amount of KRW 65,00,000) by adding F to the joint collateral list (the above D and E) for the obligations of the Saemaul Bank (the obligations described in paragraph 2) that was owned by the victim, and changing the maximum amount of the claims to KRW 91,00,00,000 in all documents with the consent of the victim who did not understand the purport thereof, in order to obtain additional loans from the Saemaul Bank of Korea.

Summary of Evidence

1. The defendant's partial statement in court;