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(영문) 대구지방법원 의성지원 2018.09.13 2018고단91
횡령등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall use any money or goods donated or provided for persons with disabilities for any purpose other than its original purpose.

From August 2010, the Defendant, from around 2010, protected the victim C (n, 39 years of age) and the victim’s mother D (n, 63 years of age, intellectual disability 3 level). From around 2010, the Defendant actually managed the victim’s disability allowances and living benefits at the E-Myeon Office.

While the Defendant kept disability allowances, etc. paid to the victim for the victim, on May 20, 2013, the Defendant used KRW 700,000 for personal purposes, such as living expenses, etc. from the Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-gun, North Korea, and used KRW 23,880,000 for 11 times from that time to May 10, 2017, as indicated in the list of crimes in the attached crime committed.

Accordingly, the Defendant used money paid for the disabled for the purpose other than the original purpose, and embezzled the property of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police and the prosecutor with respect to C and D;

1. Application of Acts and subordinate statutes to report internal investigation (a copy of the passbook G deposit of a victim C), notification of the provision of financial transaction information, etc. (a detailed statement of transactions in the passbook and a statement of withdrawal), internal investigation report (related to the date of registration of disabled persons with respect to the victim C), residential environment photographs, living environment photographs, applications for living protection, confirmation of disability allowances, welfare allowances, details of welfare allowances, investigation reports (Submission of photographs of the victim's residence), and investigation reports (Submission of a

1. Article 355 (1) of the Criminal Act (including the embezzlement and embezzlement) of the relevant Act on criminal facts; Article 86 (4) 2 and Article 59-7 of the former Welfare of Persons with Disabilities Act (Amended by Act No. 14562, Feb. 8, 2017);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The following circumstances are the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, and other factors of the defendant’s person.

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