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(영문) 광주지방법원 2014.07.04 2014고정22
횡령
Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From around December 2004 to December 2010, the Defendant served as an insurance solicitor at B (current C) large-scale branch, and has been engaged in the business of receiving insurance premiums from customers and paying them to insurance companies.

On September 19, 2008, the Defendant paid the insurance premium only until August 2009 to the victim D (n, 26 years of age) who was insured through the introduction of the Defendant, and did not pay the insurance premium thereafter, and the insurance became effective as of December 1, 2009. On August 24, 2010, in order to restore the insurance terminated on or around August 24, 2010, the Defendant embezzled the unpaid insurance premium of KRW 1,47,000 from the victim to the account in the name of the Defendant’s child, and then embezzled the unpaid insurance premium of KRW 1,477,00 for personal use, such as living expenses, from the Gwangju District Court around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A deposit statement, details of each insurance premium payment, and application of statutes on written confirmation of contract contents;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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