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(영문) 대구지방법원 영덕지원 2018.05.30 2017고단171

업무상횡령등

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The mother of the victim C, who is the Defendant’s mother, resided together with the victim’s accommodation, instead of moving the victim C, who had no family or guardian in the market located in the Ganjin-gun, G in 1980, and instead moving the victim C, who is a person with intellectual disability with no family or guardian (as of April 2, 1997, mental disability 1st diagnosis), into his own house located in the F of the Ganjin-gun, Ganjin-gun, and having the victim live together. The Defendant, who is his mother, died on April 11, 1995 and returned home to the Republic of Korea from around 197 to live together with the victim from that time.

As above, the defendant had the victim reside in the defendant's house, and had the victim do farming work in the defendant's house or do work in the neighbor's farm, and received the daily wage, but did not pay wages to the victim, the defendant resolved the board and lodging of the victim, instead of resolving the victim's wages. However, the victim did not have a common living relationship only with the victim, such as having the victim separate room and providing meals separately.

Of that, the Defendant came to know that the competent administrative agency would pay the disabled person allowance, etc. to the Agricultural Cooperative Account in the name of the victim, the Defendant talked that the Defendant would manage the above bank account for the victim, and had the victim pay the money arbitrarily to use the money for the living expenses of the Defendant and his family.

From January 27, 1997 to October 20, 1997, the Defendant kept for the victim the 1,492,940 won, etc. paid by the competent administrative agency to the Agricultural Cooperative Account under the name of the victim under the name of the victim for the purpose of protection of home, etc., the victim and the Defendant were arbitrarily withdrawn KRW 700,000 on October 27, 1997, KRW 700,000 around November 3, 1997, and KRW 100,000 on November 18, 1997, and used them for the living expenses of the Defendant and his family.

In addition, the defendant shall be attached from that time until March 18, 2016.