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(영문) 수원지방법원 평택지원 2016.03.03 2015고정709

횡령

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the husband of the deceased deceased net B, and the deceased Party B was subscribed to the “Non-Distribution DI Life Insurance Co., Ltd.” in the United Nations Life Insurance Co., Ltd.

On April 16, 2015, the Defendant: (a) the victim company, who was a beneficiary of the foregoing insurance, wrongfully remitted the insurance proceeds of KRW 80 million, insurance proceeds of the Defendant, KRW 120,000,000,000 to a new bank passbook in the name of the Defendant; and (b) the Defendant embezzled the insurance proceeds of KRW 80,000,000 to a new bank passbook in the name of the Defendant; (c) the Defendant kept the insurance proceeds of KRW 80,000,000,000,000,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of respective Acts and subordinate statutes of E;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting a crime (Selection of a punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;