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(영문) 의정부지방법원 2014.05.20 2013고단3488
횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant served as an insurance solicitor for school life.

On January 31, 2007, the Defendant, at the 6th floor of the Seoul Southern-gu D Building E branch, allowed the victim C to buy an insurance policy of the amount of KRW 650,000,000 at 60,000 at the time when the victim C actually joined the 60 times every five years, and agreed to receive the said insurance premium from the victim from January 31, 2007 to pay the said insurance premium for the said insurance company. From that time, the Defendant received KRW 46,900,000 from the victim until December 1, 2010.

1. According to the above agreement, the Defendant in breach of trust, from January 31, 2007 to December 1, 2010, received insurance premium of KRW 29,900,000 from the victim 46 times from the victim, was prevented from cancelling the above insurance due to delinquency in insurance premium, and from being prevented from receiving the so-called “loan Clause” as collateral for the refund of the above insurance due to termination of the insurance without the victim’s consent.

However, the Defendant violated the above duties, and used the said insurance refund money as security without the consent of the victim at will, at that time, 25,000,000 won as security, and had the said insurance premium terminated on or around January 20, 201, which led to the cancellation of the said insurance premium, offset the said insurance refund due to the termination and the obligation to pay the principal and interest of the said loan on the said terms and conditions.

As a result, the Defendant acquired property benefits equivalent to KRW 25,750,000,00 and its loan interest of KRW 570,000 and KRW 25,750,000, and suffered damages equivalent to the same amount as the victim.

2. Embezzlement;

A. On January 20, 201, the Defendant was in custody of KRW 828,502 remaining after paying the principal and interest of the standardized contract loans 25,570,000 among KRW 26,398,502, which was terminated due to the delayed payment of insurance premiums at the above sub-branch E-branch around January 20, 201, and the Defendant used the above 828,502 won for living expenses around that time.

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