A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

From 2011 to 2011, the defendant was aware of the victim B with intellectual disability through Internet hosting and maintained a relationship of living together with others.

Since 2011, the Defendant was aware of the fact that the victim’s intellectual ability was lost as a mentally disabled person’s mother, and the victim’s intellectual ability was merely 5 years and 10 months, such as living together with the victim’s mother who was unable to properly speak and injured.

As above, the Defendant was aware of the fact that the victim’s intellectual ability is considerably low and that the victim is seriously lacking in decision-making ability and decision-making ability in daily life with severe mental retardations over 5 years of age and 10 months of age, and was able to obtain money from the victim or to have the victim borrow money by using it.

Around December 5, 2014, at a place where a location is unknown, the Defendant called a false statement to the effect that “the victim was deprived of life due to her mental and physical disorder” and “on the part of the victim using the victim’s mental and physical disorder,” and “on the part of the victim’s mental and physical disorder, he/she would be able to repay early and early when he/she lives.” The Defendant received money of KRW 450,000 from the Defendant’s livestock cooperative account (C) and received money from the victim from September 24, 2018, and received money from the victim by transfer totaling KRW 7,637,00,00 from September 24, 2018, by using the victim’s mental and physical disorder as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Details of complaint(B), details of transactions, and text dialogue;

1. A certificate of disability;

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

1. Withdrawal of complaints and application of statutes to the written agreement;

1. Article 348 (1) of the Criminal Act applicable to the crime, the choice of punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution;