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(영문) 수원지방법원 성남지원 2018.07.04 2017고단3185
횡령
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The defendant is the pastor of the C church in Seongbuk-gu, Sungnam-gu.

On 2015, the Defendant became aware of the victim F who was hospitalized in the above hospital through the church of the Defendant who was hospitalized in the above hospital at the E hospital located in the Seocho-si Hospital D in the early 2015.

At the time, there was no guardian, and it was not easy for the victim to communicate with the victim as a 6th degree of disability due to brain damage, etc., compared to the general public, and received KRW 1,265,610 from the Labor Welfare Corporation every month as disability pension. The defendant used the above condition of the victim, and received KRW 1,265,610 as disability pension. The defendant used the card of the account in which the above disability pension is received from the victim, and used the above condition of the victim, and told the victim to pay the money in the above account by taking over the card of the account in which the above disability pension is received from the victim, and issued one copy of the physical card of the post office account in the name of the victim who received the disability pension from the victim at that time.

While the Defendant kept money, such as disability pension, which was the victim’s possession deposited in the said account while managing the said account for the victim, withdrawn KRW 200,000 from the said account on April 24, 2015 and embezzled it by consuming it for personal use, such as living expenses, in mind, as well as from around that time to July 13, 2017, the Defendant embezzled KRW 50,270,434 in total for 148 times during the period from that time to July 13, 2017, such as the list of crimes in the annexed crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Response to a report on internal investigation (verification of details of annual gold), a request for cooperation with an investigation (request for provision of data);

1. A copy of investigation report (referring to witness H telephone conversations and recording), and of account transactions in the victim's name;

1.A reply to the request for recording, official questions or investigation assistance;

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