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(영문) 춘천지방법원 속초지원 2014.11.05 2014고단231
횡령
Text

Defendants shall be punished by imprisonment for one year.

However, with respect to Defendant B, it shall be for 2 years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

B is the father of Defendant A and the father of Defendant D (I Q 66, intellectual disability 3). The larger type of E, which is the husband of D (I Q 6, intellectual disability 1). F (I Q 45, I Q 45, I Q 40, I Q 40, and I Q 2), H (I Q 40, intellectual disability 2), and the Defendants and victims are the relatives within the fourth degree.

1. The Defendants’ co-principal

A. On December 5, 2012, the Defendants knew that the victim D’s husband, the victim F, G, and H’s father, died due to a traffic accident and caused the death insurance proceeds to the victims who are their bereaved family members, and that most victims did not have any mental disability due to lack of intellectual ability, and that most victims did not have any mental ability to make normal judgment due to the above E’s death, thereby allowing the victim D to open a deposit account to receive the death insurance proceeds. The Defendants conspired to keep and manage the said passbook on their own under the name of protecting the victims as their relatives, and use the death insurance proceeds deposited in the said passbook for personal purposes, such as living expenses, loan and repayment.

Defendant

A around 11:28 on December 7, 2012, at the Hanyang-gun, Yangyang-gun, the Hanyang-gun was accompanied to the victim D, and the victim D opened the Agricultural Cooperative Deposit Account (Account Number I) in the name of the victim D, and the victim D directly kept the passbook, security card, etc. on the ground that the victim D was not able to keep the passbook.

On February 27, 2013, the Defendants received KRW 68,770,240,00 from Samsung Fire, and Defendant A used KRW 40,90 for personal purposes on the same day as the oil supply cost of the vehicle. From around that time to February 28, 2013, Defendants consumed KRW 49,970,395 in total for 12 times as shown in the annexed crime list 1, as shown in the annexed crime list 1.

(b) embezzlement of criminal agreement funds;

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