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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 10, 2016, the Defendant was sentenced to four months of imprisonment for fraud at the Busan District Court. On August 26, 2016, the above judgment became final and conclusive.
On February 19, 2016, the Defendant, along with C on February 19, 2016, access to the victim D (hereinafter “D”) who is the victim D (hereinafter “the victim”) with intellectual disability 3 and whose ability to handle affairs is continuously lacking due to the oral or mental constraints in the performance hall 717 located in the center of Busan Jin-gu, Busan), to the written underground passage shopping mall connected to the Busan subway 1 line. However, the Defendant and C, while the victim transferred the victim to a mobile phone sales store, sent the victim a cell phone, opened the mobile phone under the victim’s name, and charged the victim with the sales profit, and the victim did not understand the meaning of the horses and the victim did not properly understand.
The Defendant, along with C, had the victim go through HE in the name of the victim “Hat E” (F in Busan-gu), had the victim open one cell phone (SKG; hereinafter “G mobile phone”) in the name of the victim, and had the victim receive the above mobile phone delivery from the victim and claim the victim totaling KRW 957,190,00, and continued to move the victim to JJ’s cell phone sales store located near Busan-gu H, and one cell phone (SK; hereinafter “K mobile phone”) in the name of the victim and claimed KRW 958,40,00 from the victim after receiving the above mobile phone delivery from the victim.
Accordingly, the defendant, in collusion with C, acquired a total amount of 1,915,590 won property profit by using the mental disorder of the victim.
[In this regard, the defendant/defense counsel is at the place of the underground performance in writing with C at the time.