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Reasons
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(영문) 서울중앙지방법원 2020.10.16 2020고정818
업무상횡령
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1. Defendant shall be punished by a fine of KRW 3,000,000;

2. The case where the defendant does not pay the above fine shall be 10.

Reasons

Punishment of the crime

The Defendant is an employee in charge of debt collection delegated by the victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Mapo-gu Seoul (hereinafter “victim Co., Ltd.”) from June 7, 2010 and engages in debt collection.

Where a debtor does not make a direct deposit from a debtor to an account in the name of the creditor, the victim company receives a deposit from the account in the name of the creditor and pays the balance to the creditor after deducting the debt collection fee. Thus, the employee in charge of debt collection shall immediately deposit the balance into the account in the name of the victim company when collecting the claim from the debtor

1. Around May 2014, the Defendant was delegated by the Victim Company to collect KRW 6,00,000 of the principal amount of the debt owed by the obligee D to E, and was transferred from the said obligor to the F Bank account (G) account in the name of the Defendant on or around February 13, 2018, and used KRW 1,430,000 at will at around that time for the victim company as living expenses, etc.

2. On April 1, 2017, the Defendant was delegated by the Victim Company to collect KRW 40,000,000 from the obligee H’s obligor I to collect KRW 40,000,000, and was transferred from the said obligor to the said F Bank account on March 8, 2018, and used KRW 1,150,000 at will at around that time as living expenses, etc. for the victim company.

3. From June 1, 2018 to June 15, 2019, the Defendant was delegated the creditor J’s debt collection business of KRW 5,000,000 to K by the creditor company, and collected a total of KRW 3,200,000 from the above debtor to the above debtor’s account, and was transferred to the above F Bank’s account for the victim company, and used KRW 1,80,000 at will around that time as living expenses, etc. for the victim company.

Accordingly, the defendant was under custody of 4,380,000 won on behalf of the victim company.

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