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(영문) 수원지방법원 여주지원 2012.12.26 2012고단760

업무상배임

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Attachment] The victim D lent 450 million won to E from April 26, 2004 to July 13, 2004. The agreement was made between E and E on January 21, 2005 on the condition that E was unable to repay this within the agreed period.

Since then, around May 2005, the victims received KRW 210 million from E, and around June 2005, the mediation was concluded to receive 3333.9 million won from E on November 22, 2005 and 20% amount per annum from May 13, 2005 to the date of full payment.

【Criminal Facts】

On June 22, 2007, the Defendant entered into an agreement on the assignment of claims with the content of the claim amounting to KRW 550,000,000 from the victim’s office in the Gyeonggi-si Office of Certified Judicial Scriveners in Gwangju-si to take over the claim amounting to KRW 550,00,000 from the victim’s E. On July 2, 2007, the Defendant separately prepared an agreement with the content that the victim would take over the claim amounting to KRW 1/2 of the amount collected from the victim’s E, and notified E

The Defendant, in accordance with the above agreement, received the delegation of assignment of claims from the victim externally and internally delegated debt collection. As such, the victim’s occupational duty to preserve and collect claims against E was incurred for the victim.

In addition, since the victim applied for an auction on the real estate under the name of E and received no additional money from E except for the amount of KRW 182,902,30 over two occasions on October 7, 2007 and around December 2007, the victim did not receive the payment of KRW 522,897,445 [the principal amount of KRW 324,808,658 (which was 324,808, 507 and December 21, 2007)] out of the above loan debt, the victim shall be liable for unpaid debt of KRW 522,897 (the interest from December 21, 2007 to January 7, 201). < Amended by Presidential Decree No. 20427, Oct. 5, 2007; Presidential Decree No. 2091, Dec. 21, 2007>