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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The injured party B (the 67 years of age) was a person who lacks intellectual ability and has an impediment to the control of the pipe (the 67 years of age), and was in his/her own intellectual disability 6th grade, July 11, 2018. The injured party B (the 67 years of age), from around 1976 to July 201, 201, worked as a human father at the field farming center operated by the Defendant’s parents from around 1976 to around 2010. The injured party B (the 67 years of age) was in his/her possession from around June 1, 2015 to January 24, 2018.
1. As a result, the Defendant, who embezzled, once again resided with the victim, was to keep and manage a bank passbook (D) in the name of the victim where disability allowances, basic pensions, housing benefits, cost of living benefits, etc. received from the Government are deposited.
On July 1, 2015, the Defendant released KRW 100,000 from the above passbook kept for the victim at the Busan E branch in Gangseo-gu, Busan, and embezzled the victim’s property by using KRW 4,400,000 in total over 18 times from that time until December 11, 2015, as shown in the crime inundation (1).
2. No person who has embezzled or violated the Act on Welfare of Persons with Disabilities shall use the money and other valuables donated or provided for the disabled for purposes other than their original purposes;
On December 30, 2015, the Defendant transferred KRW 500,000 to the C bank account (F) in the name of the Defendant, which was kept in the Gangseo-gu Busan E branch CD, and then immediately withdrawn and used it for the Defendant’s living expenses, agricultural operation expenses, etc. from that time to January 5, 2018, together with KRW 16,100,000 for a total of 64 times, as shown in the attached crime sight table (2) from that time, embezzled the victim’s property and used the money and valuables donated or provided for the disabled for the purpose other than its original purpose.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to G, B, H, I, and J;
1. Each report on investigation;
1. Recording notes;