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(영문) 춘천지방법원 원주지원 2018.08.08 2017고단1186
장애인복지법위반등
Text

Defendant

A Imprisonment with prison labor for three years and for one year and six months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[Presumption Facts] The Defendants: (a) were married couple; (b) Defendant A cultivated 6,750 square meters in Hanwon-gun C, dry field 2,00 square meters; (c) was engaged in agriculture and livestock industry that raises 11 maris; and (d) served as the head of E association located in Gangwon-gun D from February 2006 to February 201, and (e) Defendant B served as the head of Kuwon-gun F Women’s Republic of Gangwon-gun from around 2001 to around 2016.

Defendant

A around July 2007, the victim G with intellectual disability of 60, 6.19 years of age and 6.19 years of age, had the victim G resided in the movement bond of the defendants' residential area, and had the victim G be scam for at least 4 hours a day from that time to November 30, 2016, and Defendant B kept the passbook and the body card in the victim's name where basic livelihood security supply and demand expenses and disability allowances are deposited with the victim, and managed the victim's basic livelihood security supply and demand expenses.

[Criminal facts]

1. The Defendants conspired to use the victim’s basic livelihood security supply cost, loan interest payment, and purchase of agricultural supplies, etc. while keeping the victim’s basic livelihood security supply cost, disability allowances, etc. on behalf of the victim, using the fact that the victim, who lacks the concept of money due to intellectual disability, could not manage the said money properly.

A. On June 7, 2011, the Defendants withdrawn KRW 4,848,524, such as living benefits, housing benefits, and disability allowances, which are owned by the victim, from K in the name of H account (Account Number: I) in the name of the victim, and arbitrarily used them in the name of Defendant B for repayment of interest on loans.

B. On December 27, 2012, the Defendants withdrawn KRW 11,439,58, such as living benefits, housing benefits, disability allowances, etc., which are owned by the victim, from the H account in the name of the victim (Account Number: L) and withdraw it from the E located in Gangwon-do B around December 27, 2012.

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