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(영문) 창원지방법원 2014.01.28 2013고정1118
횡령
Text

1. The defendant shall be punished by a fine of three million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On February 28, 2008, the Defendant, as an insurance solicitor, subscribed to variable insurance in the name of the Defendant in Seongdong-gu, Seongdong-gu, Changwon-si, Changwon-si, the Defendant purchased insurance at KRW 10,800,000 from the victim B, and at KRW 20,000 from the victim.

However, on April 6, 2009, the Defendant, even though he voluntarily terminated the above insurance without the consent of the victim, did not return the insurance proceeds received from the victim, but embezzled by investing in the multi-level company on April 8, 2009.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A report on investigation (the details on use of harmful insurance money);

1. Application of Acts and subordinate statutes to custody certificates of cash and certificates of insurance coverage;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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