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Reasons
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(영문) 청주지방법원 2016.06.21 2015고단2107
사기
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1. The defendant shall be punished by imprisonment with prison labor for a year and two months;

2. The defendant pays 59,696,000 won to the applicant for compensation.3.

Reasons

Punishment of the crime

The Defendant, with the knowledge that the Defendant directly keeps a passbook that is paid to the victims of the victim D (the age of 86) who died of this female, had the victim to arbitrarily withdraw money from the victim by receiving the passbook, cash card, etc. from the victim, by using the fact that the victim cannot make a proper judgment due to an old-age relationship.

The defendant, around October 27, 2010, at the Cheongju-dong post office located in 107, Seo-gu, Nowon-gu, Dong-gu, Dong-gu, Dong-dong, Dong-dong, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-dong, "It is prohibited from using other types of money if the head of the Tong from which the pension was paid is left to B, and he will substitute for membership fees by finding 30 thousand won

In the purport of "Mad.", the victim was subjected to re-issuance of the passbook, cash card, etc. under the name of the victim, and then received the above passbook, cash card, etc. from the victim.

On November 7, 2010, the Defendant released KRW 1,029,000 from the above passbook and cash card at the Cheongju-dong post office located at the center of the Cheongju-dong, Cheongju-dong, Seoul-ro, Seoul-ro, 211, while keeping the money deposited in the passbook, cash card, and the above post account for the victim, and used it for personal purposes at will.

In addition, the Defendant withdrawn a total of KRW 61,286,00 on 128 occasions from that time until March 13, 2015, a total of KRW 59,696,000, excluding a total of KRW 1,590,000 among 53 months, from that time, from that time until March 13, 2015.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, G, and E;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by each prosecutor to the prosecution with regard to D;

1. Each police statement made to D, G, and E;

1. H's written confirmation and reference witness's answer;

1. Each transaction statement (No. 3, 10, 16), CCTV photographing photographs, and internal investigation reports (the point at which passbook is opened).

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