A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. 횡령 피고인은 보험설계 사인 바, 2008. 4. 10. 경 평소 친하게 지내던 피해자 망 C( 여, 당시 71세, 2013. 8. 4. 사망 )으로부터 “ 내 명의의 계좌에 돈을 가지고 있으면 장애인인 아들 D 앞으로 나오는 국가 보조금을 지급 받을 수 없으니 자식들 몰래 딸인 E 명의로 보험을 가입하고 싶다” 는 망을 듣자, E에게 위 사실을 감추고 “ 내가 자식들 몰래 여윳돈으로 보험 가입을 하고 싶은데 명의를 빌려 달라.” 고 거짓말을 한 후 담당 컨설턴트로서 피해자에게 E 명의로 삼성생명 ‘ 무배당연금보험 1.2’를 가입시켜 주었다.

The Defendant, by deceiving E, who is aware of the fact that he is the victim of the actual policyholder’s interest insurance premium payments, was the victim of the said insurance, was guilty of deceiving part of the insurance proceeds by deceiving E, which is known to be the Defendant, and on January 29, 2010, he acquired KRW 52,940,000, which was withdrawn from Samsung Insurance G G agency in Seo-gu, Daejeon on the same day, from E, by remitting KRW 52,940,00 to the account under the name of the Defendant (H).

2. On August 17, 2013, the Defendant: (a) discovered the design document and insurance premium receipts of the insurance products described in the foregoing paragraph 1 while the deceased’s family members, such as E’s Dong I, were in the process of arranging C’s relics; and (b) asked the Defendant about the circumstances; (c) took advantage of the gaps in C’s house located in the Jung-guJ of Daejeon, the Defendant carried out the design document and insurance premium receipts owned by the deceased deceased’s heir C by taking advantage of the gaps in which the surveillance of I et al. was neglected.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and K;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each police statement made to E or K;

1. Application of Acts and subordinate statutes to inquire about the payment details of premiums, details of paying in and withdrawing transactions, copies of self-checks, and check details;

1. Criminal facts;