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Defendant
A shall be punished by imprisonment with prison labor for ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
Defendant
A In the operation of “F” facilities for persons with disabilities not reported in Ansan-si, Dong-si, a person who is designated as a basic living expenses (living, housing benefits), and allowance for persons with disabilities to be a “person with disabilities with disabilities,” and is engaged in the business of managing the above money and reporting on viewing within a quarterly, and Defendant B is a person who is in charge of using and managing the above money under the direction of Defendant A, who is the secretary of the above “F.”
1. The victim G of occupational embezzlement against Defendant A’s victim G is a disabled person of the second degree with mental retardation in accordance with the mental division and mental retardation, and is an unrelated person.
On November 19, 1996, when the victim was admitted to the above F, the defendant was engaged in the management of basic living expenses and the allowance for disabled persons paid to the victim.
The defendant is a person who keeps and manages a payment account, such as basic living cost, of a victim who is a relative, and the victim shall not arbitrarily withdraw the basic living cost, etc. to be paid to the victim after the victim is hospitalized in the hospital, and the money not used shall be returned at the time of death of the victim.
Around November 21, 1996, the Defendant was hospitalized into H Hospital and around February 2, 2000, when the victim was transferred to the Agricultural Cooperative Account (I) in the name of the victim, the Defendant deposited the basic living cost and the allowance for disabled persons into the Agricultural Cooperative Account in the name of the Defendant at that time.
In addition, the Defendant deposited KRW 42,933,516 in the same way from F to 149 times, as indicated in attached Table 1, between around that time and around April 10, 2013, and consumed it by cash transfer to the Agricultural Cooperative Account (J) in the name of the Defendant.
Accordingly, the defendant embezzled the victim's property.
2. Defendant A’s victim K.