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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
From January 2015 to April 2016, the Defendant worked as an insurance designer at the GING Life C branch located in Gangnam-gu Seoul Metropolitan Government as an insurance designer, and is the victim D and the high-class death relationship.
On May 19, 2015, the Defendant received KRW 40,000,000 from the Agricultural Cooperative account (F) in the name of the Defendant on the same day upon receipt of a request from the injured party to the effect that he/she would collect the benefits by opening a bank account on behalf of the injured party in his/her residence in Gwangju-si apartment complex, and received KRW 20,000,000 in the name of the Defendant on May 22, 2015, and deposited KRW 20,000 in the name of the Defendant for the "amount-to-amount reserve insurance that causes non-payment and is high in height", and returned KRW 2,50,000 to the bank account in the name of the injured party on May 26, 2015 at the request of the injured party, and returned KRW 10,000,000 in the aggregate to the account in the name of her husband G.
Since then, the Defendant: (a) was in custody of an insurance product worth KRW 20,000,000, total of KRW 10,000,000 and the remainder cash worth KRW 30,000,000, which was purchased for the victim; (b) had been arbitrarily consumed KRW 10,00,000 for living expenses during the period from May 23, 2015 to September 2015; and (c) received KRW 8,980,000 on two occasions as collateral and used the said insurance product for the purpose of living expenses around that time; and (d) received KRW 9,456,596, on November 26, 2015.
Accordingly, the Defendant embezzled the amount equivalent to KRW 30,000,000 of the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Investigation report (verification as to whether to subscribe to pension insurance in the name of the victim), investigation report (verification of accounts paid out and confirmation at the point of opening the accounts), investigation report (related to amount accumulated insurance products in the name of the victim);
1. An investigation report (related to response to the submission of data on life financial transactions inING), details of financial transactions;