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(영문) 인천지방법원 부천지원 2013.09.25 2013고단2288

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From 202 to December 2012, the Defendant has been engaged in the brokerage of insurance contracts, financial design, loan consultation, etc. as insurance solicitors of C.

1. Around June 26, 2006, the Defendant mediated the insurance contract with the victim D with an insurance contract amounting to KRW 30 million. The Defendant solicited the victim to purchase a high-quality insurance contract with the amount of money that has cancelled and terminated the existing insurance. On December 6, 2007, the Defendant embezzled the amount of KRW 30 million for the cancellation of the existing insurance from the victim and the return of the existing insurance from the agricultural cooperative located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul and then embezzled the total amount of KRW 10 million on December 7, 2007, while the interest rate of KRW 10 million was kept for business purposes to buy an insurance contract with a higher interest rate of KRW 30 million. < Amended by Act No. 8 million on February 2, 2008; Act No. 8 million on July 2007, 200 won for each of the Defendant’s children’s college registration fees and embezzled the total amount of KRW 10 million on July 2, 2000 million.

2. On January 28, 2008, the Defendant received a loan from the victim as collateral and solicited the victim to subscribe to the fund. On or around the 28th of the same month, the Defendant: (a) received KRW 15 million from the victim in the name of the fund subscription money; and (b) was kept in custody for the victim; (c) around that time, he embezzled KRW 5 million in total with monthly rent and deposit as KRW 15 million for daily consumption around September 2008.

3. On September 15, 2009, the Defendant received an existing insurance loan from the victim as collateral and solicited the victim to subscribe to the Fund. On or around the 15th day of the same month, the Defendant embezzled 5,039,752 won, which was received from the victim of the said Nonghyup, in the form of the fund subscription money, and kept in custody for the victim on or around November 2009.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to prosecutions and police statements concerning D;

1. The relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act concerning the selection of punishment for the crime are well-grounded;