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(영문) 서울중앙지방법원 2020.09.24 2020고단3597
업무상횡령등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2011, the Defendant entered into a contract for commission with the victim company (business) at the location D office of the victim C (main) in Gangnam-gu Seoul, Seoul, for debt collection at the location of the third floor, and performed the debt collection business for the victim company from the time of receipt to the lowerman on February 2, 2014. When the Defendant received money or debt payment during his/her duties, he/she shall immediately notify the fact of repayment to the person in charge of management of the victim company and deposit the money into the deposit account opened by the victim company on the date of receipt. If the Defendant fails to deposit money due to unavoidable circumstances, he/she is engaged in the duty to deliver without delay on the date of receipt to

1. A certified judicial scrivener’s occupational embezzlement around March 11, 2013, the Defendant embezzled KRW 300,000,000 deposited in the F bank account in the name of the Defendant for the victim company at the expense of a certified judicial scrivener in order to take legal measures against the debtor in the creditor E, who requested debt collection. Around that time, the Defendant embezzled KRW 660,000,000,000, which was kept for the victim company by the said method eight times from March 11, 2013 to November 25, 2013, as shown in the list of crimes 1.

2. Occupational embezzlements for debt collection;

A. On April 30, 2013, the Defendant, at the request of the creditor G, collected KRW 3 million from the debtor H to the F bank account in the name of the Defendant and stored for the victim company. Around that time, the Defendant embezzled KRW 12 million in total, which was kept for the victim company by means of the foregoing four times from April 30, 2013 to August 26, 2013, as indicated in the separate crime list in attached Table 2, during the period from April 30, 2013 to August 26, 2013.

B. On December 28, 2012, the Defendant is the Defendant from K at the request of the creditor IBBA and the debtor J.

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