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The prosecution of this case is dismissed.
Reasons
1. The Defendant was sentenced to C’s punishment, and the victim was sentenced to Grade III of intellectual disability, which lacks in decentralization due to brain infection at the age of 20.
On January 20, 2003, the mother of the Defendant purchased land and buildings of 171.9 square meters in Yongsan-gu Seoul Metropolitan Government (hereinafter “the instant house”) for KRW 400 million in order to enable the victim to live on a monthly basis when he/she dies, and registered the transfer of ownership in the name of the victim.
The Defendant, upon receiving a request from her mother to see the monthly rent from the instant house, was aware that the victim was not a recipient of basic living, while managing monthly rent, etc. upon receiving a request from her mother to see that the victim would not be a recipient of basic living. The Defendant was willing to register the transfer of the instant house owned by her mother in her name.
A. From September 2003, the Defendant’s embezzlement related to the instant real estate in the instant house, from the victim’s mother, etc. to the victim’s mother, etc., “If the victim transferred the victim’s ownership under his/her own name and registered the victim as a basic recipient of daily living, the State would have led to living expenses, children’s educational expenses, housing benefits, disability allowances,
“The instant housing was entrusted in the name of the victim on November 5, 2013 on the condition that the victim’s daughters re-transfer their ownership to the victim of the instant housing again, on November 5, 2013.
After registering the victim as a basic recipient of daily living, the defendant had the victim live in the leased house, and had the victim live in the leased house due to monthly rent from the house that he moved in to extend or rebuild the house.
On October 22, 2014, the Defendant provided the instant house as security and borrowed KRW 114 million from the Saemaeul Credit Cooperative, 2010,000,000, and embezzled the amount equivalent to the said amount by establishing a collateral security right on the instant house.
In addition, the defendant from October 2015.