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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the summary of the grounds for appeal (the fact-finding) and the fact that the defendant's cadastral and social ability is considerably lower than that of the general public, the defendant continuously withdrawn KRW 5-1 million during the period of the instant crime in accordance with the details of passbook transactions, and the defendant purchased the victim's vehicle amounting to KRW 20 million after the discovery of the crime, etc., the court below acquitted the defendant on the part of the defendant even though he was found to have withdrawn the cash in the victim's passbook without the victim's consent, as described in the list of crimes in the victim's passbook, although the crime was established. The judgment of the court below erred by
2. The facts charged and the judgment of the court below
A. The Defendant, around February 2002, 2005, faced the victim C with a petle relationship for the first time and about two years with the petle relationship, and tried to use the said victim’s house key for living expenses, etc. on the basis of the following: (a) the victim did not know that he did not know of the money; (b) the calculation of money or the withdrawal of money, etc.; and (c) the relation with the passage of ordinary work, which took place in the house, using the passbook, etc. as it is, the head of the Tong, etc., to bring cash cards, etc. between the victim and the non-victim; and (d) the Defendant released money from the house to use it as living expenses, etc.
Accordingly, around July 29, 2006, the defendant entered the house of the above victim, which is located in the Seoul Special Metropolitan City, 110 Do 101, Dong-dong D building 101, and had a cash card to withdraw money in connection with the bank passbook (E) owned by the victim, which was kept in the cremation room, and then withdrawn 300,000 won in cash from the automatic payment machine of the community credit cooperatives located in the same Dong-dong, Dong-dong.
From around that time to April 8, 2010 to around 160 times, the Defendant withdrawn and carried out approximately KRW 34,520,700 in total by the aforementioned means, as shown in the attached list of crimes.
This is the defendant.