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(영문) 전주지방법원 2018.10.12 2017고단594
횡령
Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A and Defendant B are legally married, and Victim C is the friendship of Defendant A.

1. The Defendants’ joint crime victims did not keep money in their names in order to avoid being deprived of their eligibility to receive basic living benefits, and did not receive money in his/her name, and did so each time his/her father D created money to his/her father D, and the network D was killed while distributed and kept 67,194,483 won in his/her name to the network D, large-scale E, second son, and second son’s non-exclusive G name.

On July 23, 2010, the deceased's heir H, ASEAN E, F, Defendant A and its denial, and the victim of the deceased's wife, the deceased's heir, agreed to leave the above custody money to the account of Defendant B, the wife of Defendant A, and the victim of the deceased's wife.

On July 23, 2010, the Defendants conspired to receive remittance of the said money from Defendant B’s I account (Account Number J) and demanded the return of money left to the victim on or around June 2016, but refused to return KRW 54,128,664 out of the said money without justifiable grounds.

2. Defendant A agreed to keep the said share of inheritance in the Defendant’s account on July 23, 2010 on the ground that Defendant A, the victim, etc. did not keep the shares of KRW 57,00,000,000 in inheritance on the passbook in his/her name in order to avoid being deprived of the eligibility for basic livelihood due to being selected as the recipient of basic livelihood supply and to avoid being deprived of the eligibility for basic livelihood.

On August 2, 2010, the Defendant received transfer of KRW 57,000,00 from one’s I account (Account Number K) and requested the return of the money left for the victim on June 2016, but refused to return the said money without justifiable grounds.

Summary of Evidence

Some of the Defendants’ testimonys C, H, E’s statement of financial transaction, copy of passbook, inheritance distribution table C, H, and E are consistent with criminal facts, and all of the circumstances, such as the content of the statement, mutual relationship, and account transaction details supporting it.

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