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(영문) 인천지방법원 2013.09.05 2013고단3381
횡령
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Defendants and D are the heads of victims E and F, and G are the external third villages of victims.

The victims' mother H died on June 11, 2012, and the network H designated a beneficiary as the heir while subscribing to Samsung Bio-life insurance, and the victims' father I did not have inheritance rights because they divorced with the deceased on September 17, 202.

around July 10, 2012, Defendants and D received the F AF head of Tong/C and password from the victim F, designated as the recipient of the life insurance that he/she joined Samsung Bio-resources, to receive insurance proceeds.

However, while the defendant A kept the above passbook, the defendant A's house reported that the defendants and G et al. were to voluntarily use the victim's death insurance money and passenger car owned by the deceased H at the family council where the defendants and G et al. were gathered, and against this, the defendant A had the defendant A's agricultural bank head of the victim F's agricultural bank head at the defendant A's house. The defendant A kept the above passbook and had G keep the above passbook.

Criminal facts

1. On July 26, 2012, the Defendants discovered that Samsung Bio-resources deposited KRW 125,66,622 with the victim F’s agricultural bank account. The Defendants transferred the said insurance money to the post office account under the name of the JJ, and the Defendants conspired to have the said money KRW 10 million out of the said money.

During the custody of the above death insurance proceeds for victims, the Defendants called to I who did not have any authority over the above death insurance proceeds on August 2012, 2012 and transferred the amount of KRW 126,97,657, which was kept in the account in the name of the J, to the Agricultural Cooperative in the name of the Defendant B, and transferred KRW 116,997,657 on August 24, 2012 to the Agricultural Cooperative in the name of the Defendant B, and then transferred the total amount of KRW 126,997,657, which was kept in the account in the account of the victim F, without the consent of the victims, against their will.

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