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(영문) 서울남부지방법원 2019.03.13 2018고단2383
횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a citizen of the People's Republic of China who was issued an alien registration certificate by the head of the Seoul Immigration Office on November 7, 2012 and has no certain occupation.

【B (alias) as the legal spouse of the victim D, opened the “E” business under the name of the victim’s representative on September 15, 2015, and run cosmetics business through the financial account in the name of the victim. On October 14, 2017, the Plaintiff died from the G Hospital in Seoul Special Metropolitan City on October 21, 2017, and the victim’s and H succeeded to B’s property.

On the other hand, around October 15, 2017, the Defendant became aware that the victim was the legal spouse of B at the funeral hall of the above B.

【The Defendant, on October 15, 2017, transferred KRW 24,530,000 from the date of the transfer to the financial account (Account Number: L) in the name of the victim to the financial account (Account Number) under the name of the Defendant’s father, and transferred KRW 387,310,00 from the time of the transfer to October 13:51, 201, a total of KRW 387,310,000, as described in the [Attachment] List of Crimes, from the time of the transfer to the financial account under the name of the said J.

However, although the money deposited to the above FF bank account in the victim's name is the money owned by the above B, the defendant did not obtain the consent or consent of the victim or his/her father/child/child/child/child/child/child/child/child/child/child/child/child/child.

Ultimately, the Defendant embezzled the property owned by others in custody.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement of D or M;

1. Family relation certificate (as of October 16, 2017), B death diagnosis certificate, business registration certificate, and each income certificate, respectively;

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