A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The Defendant, as the victim C and the workplace bonus, has been living in the same dormitory from May 2012, and the victim is a mental patient with a mental retardation (intelligent index 65, sociality index 38, and social development age 10.7 years old) and lacks mental capability.

1. On December 4, 2013, the Defendant stated that “Around December 4, 2013, the Defendant shall not pay the principal and interest on the loan to the victim as it is not good credit,” but the Defendant shall pay the principal and interest on the loan to the victim at the office of a mutually borrowed broker in Suwon-si, Suwon-si.”

However, the defendant did not have any particular property or income and did not have any intent or ability to repay the loan even if he received the loan from the victim.

As above, the Defendant deceiving the victim, and had the victim borrow 10 million won each in the name of the victim from the R&W Capital Bank and the HK Savings Bank, respectively, and deposited 1,985 million won each in the name of the victim as the passbook in the name of the victim on December 4, 2013, including 8 million won from R&W Capital, 2 million won from R&W Capital and 9.85 million won from HK Savings Bank on December 5, 2013, following the following day, and deposited 1,985 million won each in advance by the Defendant as the passbook in the name of the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant, as seen above, had used all loans borrowed under the name of the victim, had the victim withdrawn the deposits of the victim’s account and used them.

On December 31, 2013, the Defendant stated, “Around 31, 2013, the Defendant loaned KRW 20 million to the victim’s house located in O.S.D and 203(E building).”

However, since the defendant did not have any particular property or income and did not have any bad credit standing, the defendant did not have any intent or ability to repay the money even if he borrowed money from the victim.

The Defendant deceivings the victim as above.