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(영문) 의정부지방법원 2016.04.20 2015고단3994
횡령
Text

The prosecution of this case is dismissed.

Reasons

1. On October 1, 2014, the Defendant claimed death insurance money to be paid to the victim F and G, who is a child of E due to the death of the Defendant’s birth, at D’s home located in Namyang-si, Namyang-si, Inc., and received KRW 60,07,933 under the name of the victims, such as the death insurance money of the victims, from D’s account at D’s national bank (H) around October 10, 2014.

On December 5, 2014, when the defendant kept the above insurance proceeds for the victims, the defendant refused to return the insurance proceeds without justifiable reasons even though he received a request from the I, a person with parental authority of the victims, to return the insurance proceeds to the victims.

Accordingly, the defendant embezzled the victims' property.

2. The facts charged in the instant case constitute Article 355(1) of the Criminal Act. The Defendant, as the mother of the victims, is a relative not living together with the Defendant and the victims under Article 328(2) of the Criminal Act.

Therefore, in accordance with Article 328 (2) of the Criminal Code which applies mutatis mutandis under Article 361 of the Criminal Code, a public prosecution can be instituted against the defendant only upon the victim's complaint.

According to the records, the victims revoked the defendant's complaint after the prosecution of this case was instituted.

The public prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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