[ad_1]
The couple, who had been brought to trial for intercepting the lottery prize money of a person with an intellectual disability who did not know the deed, was sentenced to prison at the appeal trial for lack of evidence.
According to the legal profession, on the 23rd, Mr. A (65) heard the news of Mr. B’s first prize in the lottery, which he had known about 10 years ago in 2016. Mr. B, an illiterate and intellectually disabled person, was told , “Let’s live together because I’ll buy the land in Chungnam, so let’s live together” and they received a remittance of 880 million won.
It was investigated that Mr. A and others used it arbitrarily, such as distributing around 100 million won to the family. Although the rest of the money was used to purchase the actual land and construct the building, the building was registered in the name of Mr. A. They also took out land and buildings as collateral. B, who has the social skills of the 13-year-old level, found out later and sued Mr. A and his wife.
The prosecution turned Mr. A to trial on charges of fraud under the Aggravated Punishment for Specific Economic Crimes Act.
At trial, the questions were “whether there was an agreement between the defendants and the victim’s side in the money exchange process” and “whether the victim has the judgment to face a large sum of money.” The 1st Division of Detectives, Hong Seong-won of the Daejeon District Court, which was in charge of the first trial, decided that the defendant could not be charged with the crime due to lack of evidence. It accepted the defendant’s claim that they “ agreed to make the land and buildings the property of the victim, but only searched them in front of the defendant, operated a restaurant, and paid the victim’s living expenses.
The judge pleaded not guilty, saying: “It seems that the victim has the concept of possession of property” and “It is difficult to admit that he lacked the capacity to judge enough to be dazzled by a simple temptation.”
The Daejeon High Court (Jun-myeong Lee) First Criminal Division, which heard the case through the prosecutor’s appeal, canceled the sentence below and sentenced the defendants to three years in prison and three years in prison. . The decisive basis was that “the mental function of the victim is impaired with respect to the ability to transact in large amounts of property.”
The appeals court said: “The act of buying food and buying real estate with a large amount of money on a daily basis requires a completely different judgment,” and said: “The victim has difficulty reading the numbers, so even the withdrawal Depository needs the help of others. I assumed. “It is difficult to say that there was a trust agreement in name between the defendants and the victims,” he said. “Victims who seem unable to clearly understand the concept of property and registration were misled into pretending to buy land or build buildings on their own. “
