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(영문) 부산지방법원 2016.05.12 2015고단7394
업무상횡령등
Text

1. The defendant shall be punished by imprisonment for six months;

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

From June 29, 2012, the Defendant served as a Busan Branch Insurance designer of the Victim Company in the CA (Insurance Designer) with the victim C corporation in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and 27 floors from June 29, 2012, and has been engaged in insurance products sales and collection business of the said company.

1. On April 21, 2015, the Defendant embezzled KRW 775,60,00 of the insurance premium for the non-life insurance premium for the “MBMC” under the name of the injured company’s customer E at the Busan branch of the injured company located in the 7th floor of the DD building in Busan Dong-gu, Busan, and embezzled KRW 11,612,100 in total over 12 times in total from that time as shown in the list of crimes in the separate sheet of crimes, from that time, while he/she was in the custody of the injured for the injured party for his/her business purposes, he/she arbitrarily consumed for the Defendant’s living expenses.

2. The Defendant had the intent to forge the insurance policy under the name of C Co., Ltd. to pretend that the insurance contract was normally concluded in order to conceal the crime of embezzlement as referred to in paragraph (1).

On June 5, 2015, the Defendant: (a) entered the victim company’s 7th floor of the Busan Dong-gu D Building into the insured column of the insurance policy form files in the name of C Co., Ltd.; (b) entered the insurance policy form column in the name of C Co., Ltd.; (c) “Ii service G” from June 7, 2015 to October 07, 2016; and (d) entered the total insurance premium column into the “2,312,140 won”; and (c) forged one copy of the insurance policy issued in the name of C Co., Ltd. for the purpose of exercising the printing out of the total insurance premium column; and (d) subsequently, sent one copy of the above insurance policy form by facsimile as if it was duly formed with the insured G without knowledge of the above forgery.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with H;

1. Application of the Acts and subordinate statutes governing filing of complaints and certificates of accession.

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