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(영문) 대전지방법원 2016.07.01 2015고단1274
횡령
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. On July 1, 2011, the Defendant: (a) requested the victim C of the insurance design to purchase an insurance policy of Algerts Lifelong, which paid a sum of KRW 1,00,000 per month by posting a phone to the victim C; and (b) the victim purchased an insurance policy of Algerts Life Insurance Co., Ltd., Ltd., which paid KRW 1,010,000 per month of insurance premium on August 1, 201, and (c) requested the victim to purchase an insurance policy of Algerts Life Insurance Co., Ltd., Ltd.

Around that time, the Defendant requested the victim to pay insurance premiums on behalf of him/her, and the victim transferred the amount of KRW 99,900 each time on August 1, 201 and September 20, 201 to the above Alger’s life insurance account. On October 25, 2011, the Defendant transferred KRW 99,900 to the above Alger’s life insurance account from the Defendant’s account to the automatic transfer on October 25, 201, and around November 201, the Defendant transferred the amount of KRW 99,900 from the Defendant’s account to the above Alger’s life insurance account.

On December 30, 2011, from around December 30, 201 to March 25, 2013, the victim requested that the insurance will be cancelled at any time, and the victim paid total premium of KRW 20,998,300 in the name of the defendant from around December 30, 201 to around March 25, 201.

Criminal facts

On August 22, 2013, the Defendant arbitrarily cancelled the above insurance contract that the injured person was a person from the Defendant, and received KRW 17,360,262 from the above Alurian sports life insurance in the above Alurian. On October 25, 2011, the Defendant embezzled KRW 16,360,362, after deducting KRW 99,90 from the insurance premium deposited by the Defendant as of October 25, 201, out of the above cancellation refund money, the Defendant embezzled KRW 16,360,362 from the Daejeon et al. for the victim at his own discretion.

2. Determination

A. The defendant and his defense counsel paid insurance premiums to an insurance company through C's account.

The argument is asserted.

B. Part of the voice, part of C’s testimony in the witness examination protocol against C of this Court, judgment of the first instance court in the relevant civil case, judgment of the second instance in the relevant civil case, judgment of the second instance in the civil case (third instance), and judgment of the civil case (third instance).

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