Legal question: how can an insurance salesman sue a customer under the banner of an insurance company, take the customer's money, and on what charges?

According to the specific circumstances, the crime of embezzlement or fraud is prosecuted.

If the salesman of an insurance company sells business normally and takes the insurance money as his own, he should be prosecuted for the crime of job embezzlement because the insurance money belongs to the property of the insurance company.

If you fabricate a nonexistent business and defraud customers of money for their own use, you should be prosecuted for fraud.

The sentencing basis of the crime of duty embezzlement;

Article 271 of the Criminal Law of People's Republic of China (PRC) stipulates that personnel of companies, enterprises or other units who take advantage of their positions and illegally occupy the property of their own units shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.

The basis of sentencing fraud:

1. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;

2. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;

3. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

Extended data:

The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (implemented on April 8, 20 1/) stipulates that if the amount of fraudulent public or private property is more than 3,000 yuan110,000 yuan, more than 30,000 yuan10,000 yuan and more than 500,000 yuan, it shall be deemed as ".

Whoever defrauds public or private property to reach the above-mentioned amount standard in any of the following circumstances may be given a heavier punishment according to the provisions of Article 266 of the Criminal Law:

(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;

(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;

(three) fraud in the name of disaster relief fund-raising;

(four) defrauding the disabled, the elderly or the disabled;

(5) Causing the victim to commit suicide, mental disorder or other serious consequences. If the amount of fraud is close to the above-mentioned standards of "huge amount" and "especially huge amount", and it belongs to one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively. ?

Baidu Encyclopedia-Crime of Duty Embezzlement

Baidu encyclopedia-fraud