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司法机关必须查明非法占有保费主要是基于职务便利还是主要基于滥用委托权限。如果是主要基于利用职务便利而非法占有的,应当以职务侵占罪论处,作为次要因素的滥用委托权限的行为,可以作为从宽处理的酌定量刑情节,在职务侵占罪的法定刑幅度内适当考虑对担任主管职务的保险营销员从轻处罚。只有在难以区分主次关系的情况下,才能根据有利于被告人原则,对具有双重身份的保险营销员以侵占罪定罪处罚。
The judiciary must ascertain whether the illegal possession of premiums is mainly based on job or on the basis of abuse of delegated authority. If it is mainly based on the use of the post to illegally occupy, it should be on the position of embezzlement, as a secondary factor abuse of power of attorney, can be lenient treatment of discretionary sentencing circumstances, in the statutory penalty range of duty embezzlement Proper consideration is given to lighter penalties for insurance marketers in charge. Only in cases where it is difficult to distinguish between primary and secondary relationships, the insurance marketer with dual identities can be convicted of embezzlement in accordance with the principle of being beneficial to the defendant.