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(영문) 대전지방법원 천안지원 2013.05.09 2012고정1303
횡령
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant, the victim C, D, and E died as a traffic accident on December 2008, and the defendant, the victim, D, and E agreed to all acts related to the agreement at the H office in the management of the victim located in ASEAN-si on December 20, 2008.

On January 28, 2009, according to the above agreement, the Defendant, on behalf of the victim, D, and E, delivered KRW 130,000,000 to the head of the Agricultural Cooperative under the name of the Defendant. On June 8, 2009, the Defendant received 15,000 million cashier’s checks in the name of the agreement from the above traffic accident perpetrator K and held KRW 148,00,000 in total, excluding KRW 20,50,000 in funeral expenses for the above F, and kept KRW 31,875,00 in the interest of the victim from June 2009 to June 2010 without delivering KRW 31,875,000 in the interest of the victim from June 27, 2009 to June 17, 209.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement of the police statement regarding C;

1. Judgment on the assertions by the defendant and his/her defense counsel, such as a written agreement, a motor vehicle accident agreement, a written judgment (2009 order546)

1. The Defendant asserts that the instant facts charged are not guilty for the following reasons. A.

As the defendant's Dong F, as the defendant's Dong F was dead, he was comprehensively entrusted with the agreement affairs related to traffic accident accidents, including the right to receive consensus from the victims, and as long as he received the agreement amount from I Financial Cooperative to the defendant's deposit account according to such comprehensive delegation, the above agreement amount shall be deemed to belong to the defendant who is the deposit owner, and thus, it shall not be deemed to belong to the victim.

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