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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 안산지원 2016.05.11 2016고정322
횡령
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged of the instant case: (a) on July 30, 2015, the Defendant, within Pyeongtaek-si’s “C hospital” located in Pyeongtaek-si B, laid off the deposit amount of the mother-child’s surviving family who died from Dong Dong D and used the remaining money for the purpose of collecting funeral expenses, etc.; and (b) on September 30, 2015, the Defendant embezzled KRW 5,477,00,000, which is the victim’s inheritance share in the victim’s inheritance from around September 30, 2015 when the Defendant was requested several times to return the inheritance share on behalf of the victim, and then embezzled the amount equivalent to KRW 5,47

2. According to Article 328(2) of the Criminal Act, the crime above is a crime falling under Article 355(1) of the Criminal Act, which is applicable mutatis mutandis under Article 361 of the Criminal Act, and constitutes a crime subject to victim's complaint where a victim has a relationship between the victim and the offender. According to the records, it is recognized that the defendant and the victim fall under the category of punishment D, and that the victim has agreed with the defendant on May 3, 2016, submitted a written agreement to the effect that the complaint against the defendant was revoked. Thus, the prosecution of this case constitutes revocation of complaint against a crime subject to victim's complaint, and the prosecution of this case is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.

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