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Swindling a minor, A317 Revised Penal Code

1. Concept Swindling a minor – under the Revised Penal Code, refers to the crime of committing fraud against a minor under the Revised Penal Code. a. Legal basis Article 317. Swindling a minor. – Any person who taking advantage of the inexperience or emotions or feelings of a minor, to his detriment, shall induce him to assume any obligation or to give any release or execute a transfer of any property right in consideration of some loan of money, credit or other personal property, whether the loan clearly appears in the document or is shown in any other form, shall suffer the penalty of arresto mayor and a fine of a sum ranging from 10 to 50 per cent of the value of the obligation contracted by the minor. (Revised Penal Code) 2. Mode of commission The following is the mode of committing the offense: 1) By taking advantage of the inexperience, emotions, or feelings of a minor. a. Taking advantage of the inexperience, emotions, or feelings of a minor Elements of the crime of swindling a minor: 1) The offender takes advantage of the inexperience or emotions or feelings of a minor, to his detriment; and 2) The offender induces the minor to assume any obligation or to give any release or execute a transfer of any property right in consideration of some loan of money, credit or other personal property, whether the loan clearly appears in the document or is shown in any other form. (REVISED PENAL CODE, Article 317) 1) Element 1: Taking advantage of a minor For the 1st element, the o...

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