업무상횡령등
A defendant shall be punished by imprisonment for not less than one year and six months.
Punishment of the crime
On December 27, 2012, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for fraud at the Busan District Court. The judgment became final and conclusive on January 4, 2013.
1. The Defendant, from around 1996 to around 201, was engaged in the management and maintenance of the customer’s insurance by serving as an insurance solicitor of the D branch in Busan metropolitan building, and paying insurance premiums from the customer, and depositing them into the insurance account. A.
On September 2008, the Defendant received KRW 500,00,00 from the victim E at a place in the middle of the same year, the police officer on October 1, 2008, and the police officer on November 1, 200 of the same year, and embezzled the Defendant’s arbitrarily using his personal debt repayment, etc. around that time.
B. On March 2009, the Defendant, within the Defendant’s vehicle located near Busan Gangseo-gu Busan F, embezzled two million won of insurance premium from the said victim and embezzled in the said manner as above while keeping the victim’s business on behalf of the victim.
C. On July 2009, the Defendant received two million won premium from the above victim at the same place as a patrolman A in the middle of July 2009, and embezzled it by the said method.
On September 2009, the Defendant: (a) received insurance premiums of KRW 2 million from the said victim; and (b) embezzled in the said manner while keeping the loans for the victim, at the same place as a patrolman A; and (c) received KRW 2 million from the said victim.
2. The Defendant, as an insurance solicitor of occupational breach of trust, was engaged in the affairs of obtaining and managing the insurance cards, withdrawals, terms and conditions loans, application for cancellation, etc. of each insurance that the victim joined from the victim E, and its passwords, and the Busan Bank Account in the name of the victim, and its passwords.
Therefore, the defendant has a duty to manage the victim's insurance in a normal way so that the victim's insurance can not be terminated unfairly.