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(영문) 서울남부지방법원 2015.07.15 2014고단4492
준사기
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A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant denied the network D (Death on February 18, 2014) and the victim E, a friendly victim of the network D, is a mentally and physically disabled person who has an intelligence of eight years of age due to hearing intellectual disability in the third degree.

around January 30, 1992, the Victim’s father He purchased the Victim’s Land in Y-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, and on July 2, 1997, the Victim’s father He donated the Victim’s Land in Y-gu, Y to the effect that the Victim in the above disability would maintain his livelihood with the farmer’s death.

The defendant and the network D had the victim get a loan from a financial institution by taking advantage of the victim's mental and physical state of mental disorder, and acquired the money.

Around March 18, 2011, the Defendant and the network stated to the effect that “The Defendant and the network shall receive a loan by collateral the land in the name of Honnman in Seoul and D, and the principal shall be paid in full,” to the victim who did not understand the legal meaning of receiving a loan by collateral due to mental or physical disorder at the victim E’s house located in the Gangnam-gu Seoul Metropolitan City, Seoul Metropolitan City.”

The Defendant and the deceased used the foregoing horses, taking the victim into account on March 18, 201 at the Docheon-si, Docheon-gu, Dacheon-gu, Dacheon-gu, Dacheon-gu, Dacheon-gu, and had the victim secure each of the above land and apply for a loan of KRW 90 million with the victim as the debtor, and then received the loan equivalent to the above amount borrowed from the victim. On March 29, 201, the Defendant and the Dog-D applied for a loan of KRW 100 million with the same method from the said agricultural cooperative, and received the loan equivalent to the above amount borrowed from the said victim.

Accordingly, the defendant and the network D were provided with KRW 190 million through the victim's mental disorder in collusion.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each prosecutor’s statement to J and E.

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