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(영문) 서울중앙지방법원 2017.04.27 2016고정3874

횡령

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that Defendant A was the victim D, the deceased F (Death on October 18, 2015, hereinafter “the Deceased”) who was the father of the E, and that he was in a de facto marital relationship with the Deceased from 2010. Defendant G was in a de facto marital relationship with the Deceased.

The Defendant, as the mother of the victims in the I Hospital funeral hall in Dongjak-gu Seoul Metropolitan Government around October 19, 2015, is obliged to pay them in advance if he/she enters the country, such as food, cremation, etc. differently from the head of another hospital funeral hall.

“In the end, with the consent of the J, the deceased sought KRW 30 million from the deceased’s account as the price for the payment of funeral expenses, and the J and the victims, as the central branch of the Cti Bank, and had the victims withdraw KRW 30 million from the Cti Bank’s account (K) in the name of the deceased. The above KRW 30 million from the J and was kept in custody for the victims after receiving the delivery from the J on the same day, said G used the above KRW 30 million for the funeral expenses except for the funeral expenses, and embezzled the remainder of KRW 4683,700 for the funeral expenses of the deceased and embezzled the above KRW 25,316,300 for personal use.

2. In full view of the evidence duly adopted and examined by this Court, such as witness G, L, M and J’s respective legal statements, the following circumstances are recognized.

① Final decision to withdraw KRW 30 million from the deceased’s account and deliver it to G who is a de facto spouse in terms of funeral expenses and living expenses, and the mother of the victims involved in the process of seeking the consent and consent to withdraw money appears to have been the ar,O, L, etc. who was the son or the son of the deceased.

(2) The use or purpose of the said money at that time, the final attribution holder, and the use of the daily living expenses of G, etc. shall be made definite agreements or victims.