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(영문) 광주지방법원 해남지원 2017.09.21 2017고단174

준사기등

Text

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

Reasons

Punishment of the crime

The defendant is engaged in agriculture in Jindo-gun E.

1. Quasi-Fraud and violation of the Welfare of Persons with Disabilities Act was committed by the Defendant with an intention to have the victim F, who became aware of in the light of the introduction of the police officer in 1976, work as an agricultural employee and take profits in a manner that did not pay the benefits, using the fact that the victim F, who had not been aware of his intellectual ability (I Q Q Q Q Q Q Q 44 and social age 6.75) and

Accordingly, even though the Defendant had the victim employed as an agricultural employee on August 2016, the Defendant did not pay the amount of KRW 943,695 (based on the minimum wage in the Ministry of Labor, 2016) as well as the amount of KRW 102,985,865 in total as shown in the attached Table (1) from around 1989 to September 11, 2016.

As a result, the Defendant acquired property benefits equivalent to KRW 102,985,865 by using a mental disorder of the victim, and committed an unfair profit-making act by using the disabled.

2. Around July 6, 2008, the Defendant embezzled KRW 51,582,560 in total, including the amount of voluntary consumption of living expenses, etc. around that time from June 2007 to May 2016, when receiving KRW 8,548,673 for the victim F’s reclaimed land damage compensation, and then being kept in custody for F, the Defendant embezzled arbitrarily consumed KRW 51,582,560 in total, such as the victim’s basic old age pension, disability pension, and compensation as shown in the list of crimes.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Each legal statement of witness F, G and H;

1. Each police statement made with respect to I (Gain), J (Gain), K, L, M, and N;

1. A certificate of persons with disabilities and a clinical psychology test report;

1. Responses to request cooperation in investigation (data on details of payment, such as basic recipients' benefits), requests for cooperation in investigation (data on details of payment, such as basic recipients' benefits), each data on payment of benefits -F, and deposit statements (F, agricultural cooperatives);

1. A protocol of seizure and a list of seizure;

1. A report on internal investigation (in addition to data for inquiry by residents, suspected persons, certificates of family relationship of victims, etc.);