업무상횡령
Defendant shall be punished by a fine of KRW 1,500,000.
If the defendant does not pay the above fine, 50,000 won shall be paid.
Punishment of the crime
From January 27, 2012 to October 16, 2012, the defendant has been engaged in the debt collection business of the victim C Co., Ltd. located in Gangnam-gu Seoul Metropolitan Government as a debt collection source for the above company.
1. On September 7, 2012, the Defendant collected KRW 13 million from the debtor D to the account in the name of a new bank in the name of E, the spouse of the Defendant, from the debtor D, and wired the amount of KRW 9.75 million to the creditor F, and embezzled the remainder of the collection fee of KRW 3.25 million by arbitrarily using it during his/her business custody for the victim;
2. On October 31, 2012, the Defendant already retired from the victim company and did not have the right to collect the victim’s claims, and even if the Defendant had the duty to settle with the company in a fixed manner even if the Defendant was obligated to collect claims, the Defendant, by receiving KRW 10 million from the obligor G Co., Ltd. to the above deposit account, collected the amount of KRW 10 million, and then, remitted the amount of KRW 8 million to the obligee H Co., Ltd. to the obligee, and embezzled the remainder of the collection fee by using it at his/her own discretion during the course of business custody for the victim.
Summary of Evidence
1. A protocol concerning the examination of partially the defendant's prosecution;
1. Statement of the police statement to I;
1. Written confirmation of the draft D;
1. Investigation report ( telephone conversations between persons for reference and J);
1. Contracts for claims collection services;
1. Application of Acts and subordinate statutes to a statement of transactions, details of deposits to creditors K, records of transfers to each creditor, records of transfers, and copies of the current E head of the Tong denying the suspect;
1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.