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(영문) 서울동부지방법원 2014.01.16 2013고단856

업무상배임등

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaged in the collection of claims against the customer who delegated debt collection to the head of the Group of (State)C, a debt collection company.

The victim D had a claim of KRW 400,000,000, such as principal and interest on investment and loan, against the debtor E and F, and the defendant and the debt collection delegation contract were concluded on the principal amount of KRW 290,000,000.

1. On March 5, 2012, the Defendant in occupational breach of trust: (a) at the 11th floor H office of Songpa-gu Seoul Metropolitan Building on the 111st floor, requested debt collection of KRW 290 million against the obligor; (b) on the 23th day of the same month, the Defendant violated his/her duty to collect the claim amounting to KRW 290 million according to the content of the debt collection request; and (c) on the 23th day of the same month, the Defendant collected KRW 200 million from the Defendant’s office located in Yeongdeungpo-gu Seoul Metropolitan Government I without any delegation from the Victim on the waiver of the claim; (d) provided the obligor E and F with a letter of waiver of the claim amounting to KRW 400 million against the obligor and F, thereby obtaining profits from debt exemption equivalent to KRW 200 million against the obligor and F, and inflicted damages equivalent to the said amount on the victim.

2. Although the Defendant did not have been delegated by the victim with respect to the waiver of the claim, the Defendant: (a) on March 23, 2012, entered “D” in the creditor column, “D,” “J, E, F” in the debtor column and the debtor in the content column; (b) signed “creditor D, representative C (main representative), K, and Person A” in the proxy column with the intent of exercising the right and duty, and signed and signed a letter of waiver of the claim, which is a private document, in relation to the right and duty of the above D’s agent, with the intent of exercising the right and duty.