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(영문) 대구지방법원 2014.02.07 2012고단3441
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

(A) According to the prosecutor’s withdrawal of some facts charged, the defendant partially revised the facts charged, according to the purport of the indictment, from September 22, 1993 to August 1, 2008, the defendant served as a business employee at C Co., Ltd. as a business employee. From August 2, 2008 to December 2, 2009, the defendant engaged in the sales business of a large number of insurance companies, such as C, at D insurance agencies, from August 2, 2008 to December 2, 2009, and the victim E and F recommended the victims to conclude multiple insurance contracts, and received the passbook and password in the name of the victims, and took charge of the maintenance and cancellation of the insurance contracts, payment of premiums

1. Occupational breach of trust;

A. At the Daegu Branch Co., Ltd. on May 9, 2003, the Defendant obtained a loan of KRW 550,000 from the national bank account (G) in the name of the victim E without the consent of the victim E in the case of (Free) Cpension insurance, and obtained a loan of KRW 550,00 on May 3, 2004 from the said amount in cash and used at will to repay the debt, etc., thereby obtaining property benefits equivalent to KRW 550,000, and inflicted damages equivalent to the said amount on the victim from February 27, 2009, as shown in the List of Crimes (1) from that time, the Defendant acquired the financial benefits equivalent to KRW 30,150,000 in total over 197, as shown in the List of Crimes (1).

B. On May 31, 200, the Defendant: (a) obtained a standardized contract loan of KRW 2,500,000 from the 3rd Daegu Branch Co., Ltd. (FF) (FF), without the consent of the victim F; (b) obtained a loan of KRW 2,500,000 from the 2nd new contract insurance; (c) obtained a fee by cash withdrawal; and (d) obtained a fee for other insurance for the performance; and (c) incurred a loss equivalent to the same amount to the victim; and (d) subsequently, acquired the pecuniary benefit of KRW 51,130,000 in total 78 times as shown in the attached Table of Crimes List (3), from that time until December 29, 2006.

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