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(영문) 서울남부지방법원 2019.09.20 2019노584
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Meritorious misunderstanding of facts is the money of the defendant that the defendant independently operated and stored in the account of this case.

Nevertheless, the lower court erred by misapprehending the fact that the Defendant was guilty of embezzlement, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On September 15, 2015, as the legal spouse of the victim D, B (name C) opened the cosmetic “E” under the name of the victim’s representative, and traded cosmetics using the financial account in the name of the victim. On October 21, 2017, on October 21, 2017, he/she died from the G Hospital in Seoul Special Metropolitan City as gamamba, and the victim’s and h’s wife 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 is entitled to property owned by others under custody.

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