The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant has weak ability to discern things or make decisions due to dementia.

On March 13, 2018, the Defendant was requested by the victim D(78 years of age) to keep and manage the books of friendship and membership fees at the Tax Accountants Office located in the Jung-gu Seoul Metropolitan Government B building C, and 5.5 million won of the checks.

The Defendant deposited 5,500,000 won in his/her E Bank Account (F, the former Account Number G) on May 8, 2018, and deposited 50,000 won in his/her E Bank Account (F, the former Account Number G) on or around 12:38, 2018, ② KRW 12:39,500,000 on June 25, 2018, ③ KRW 500,000 on August 22, 2018, ④ KRW 10:24 on August 10, 2018, deposited 50,000 won in cash; ⑤ KRW 9,000 on August 24, 2018, deposited 40,000 won in cash and embezzled 500,000 won on or around 58, 200,000 won in his/her own account (hereinafter referred to as “E Bank”).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Investigation report (to have telephone conversations in person in charge of reply to a warrant);

1. Application of Acts and subordinate statutes on inquiry by cashier's check number, request for transaction, reply to request for provision of financial transaction information, copy of passbook of E Bank I, and details of account transactions in E BankF account;

1. Article 355 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. A fine of 500,000 won for which the sentence is suspended; and

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The grounds for sentencing under Article 59(1) of the Criminal Act include the following: (a) the Defendant appears to have committed the instant crime while suffering from dementia due to his old age; (b) the victim was recovered from damage; (c) the Defendant had no record of criminal punishment; and (d) the conditions for sentencing under Article 51 of the Criminal Act, as indicated in the argument of the instant case.