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Reasons
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(영문) 서울남부지방법원 2017.02.09 2016고단5520
횡령
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A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall be 42,479,062 won out of the money obtained by deceit.

Reasons

Criminal facts

From February 2011 to March 2015, the Defendant was operating an insurance sales agency with the trade name of the Plaintiff E, and the victim D was employed as an insurance administrator (salesman) in the Dispute Resolution E.

Since April 2015, the defendant has been in charge of the role as an insurance sales agency of the trade name, "F", from around April 2015, and the above victim became an insurance broker for the sales of insurance. The victim was not registered with the F from April 2015 to May 2015, and the insurance broker code in the name of the defendant's birth was sold by using the insurance broker code in the name of G.

Accordingly, the Defendant received business fees from the F to the bank account in the name of the said G by transferring the business fees according to the result of insurance sales of the victim from the F to the bank account in the said G, and sentenced the victim to use them as the Defendant’s mother and child business funds.

1. The Defendant, on May 27, 2015, received KRW 74,207,780 from F to his/her account in April 2015 from the victim to transfer to the said G account in the custody of the victim for the sake of the victim. On April 27, 2015, the Defendant used KRW 34,078,053 out of the said amount to the victim and then used KRW 40,129,727 for the purpose of the repayment of the debt by the said bank at around that time.

2. The Defendant, on June 26, 2015, received KRW 32,090,010,010 from F to the account in the name of the said G from the victim on or around June 26, 2015, from the victim to transfer the amount to the account in the name of the said G, and used KRW 12,090,010 out of the said amount to the victim on or around May 29, 201, and later, used KRW 20,000,000 for the repayment of the debt to the victim.

Accordingly, the Defendant embezzled 60,129,727 won in total over twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Prosecutions against the Defendant.

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