A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal records] On February 14, 2019, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for fraud at the Jung-gu District Court, and the judgment became final and conclusive on February 22, 2019.

[2] The Defendant is a person who works for the Gyeonggi-do branch office of the victim B to May 2, 2018 and has been in charge of the collection of claims.

Around June 2, 2016, when the Defendant collected claims from the debt holder in relation to the victim’s business, the Defendant deposited the claims into the victim’s account or deposited the claims in cash from the debt holder to the victim’s account in the name of the immediate account. However, around June 2, 2016, the Defendant collected the claims from C’s debtor D to the Defendant’s bank account in the name of the Defendant, and used them for the victim’s personal purpose.

In addition, from that time until May 11, 2017, the Defendant embezzled the property of the victim by consuming the sum of KRW 1,134,00,000, which was received from the debtor of C for the collection of claims at least eight times in total as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Previous records shown in the following: Personal information of each bank, the investigation report on commission contract (related to telephone conversations of a suspect A), investigation report (related to reply to execution of a search and seizure warrant), investigation report (related to telephone conversations of a criminal suspect), and previous records recorded in the police interrogation protocol C, a copy of the judgment, two copies of the judgment, and criminal history inquiry-related Acts and subordinate statutes: The application of investigation reports (the fact that the defendant is a single concurrent offender after Article 37 of the Criminal Act), two copies of the judgment, and criminal history inquiry reports prepared by the defendant

1. Article 356 of the Criminal Act applicable to the crime and Articles 355 and 355(1) of the Criminal Act ( comprehensively referred to as “the choice of imprisonment”) concerning the selection of punishment for concurrent crimes after Article 37 of the Criminal Act: Provided, That the main sentence of Article 39(1) of the same Act;

1. The defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, has a duty to collect claims.