A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

On November 14, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. at the District Court of Jung-gu on May 24, 2014, and the judgment became final and conclusive on May 24, 2014. On June 28, 2017, the court was sentenced to four months of imprisonment with prison labor for occupational embezzlement, etc. and the judgment became final and conclusive on July 6, 2017.

From September 2008 to June 2016, the Defendant worked as a inquiree of the claims of the victim C Co., Ltd. from around September 2008 to around June 2016, and was in charge of collecting the debt from the debtors of the claims entrusted by the creditors and depositing the debt into the damaged company.

around December 26, 2011, the Defendant received 3.3 million won from the creditor F (G) debtor F (G company) on March 13, 2012, around 3.3 million won on April 26, 2012, KRW 3.3 million on May 26, 2012, KRW 3.3 million on May 26, 2012, KRW 2 million on June 28, 2012, KRW 50,000 on July 5, 2012, and KRW 12.7 million on February 1, 2013, from the Defendant’s national bank account to transfer to the Defendant for business purpose.

However, the defendant did not pay 5.4 million won out of the above money to the damaged company, and he embezzled it by arbitrarily consuming it for personal purposes, such as living expenses, etc. at the time of the government-Si around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to H in the police statement protocol;

1. A copy of a certificate of delegation of collection of claims, a copy of delegation of claims, a statement of delegation of claims, a copy of confirmation, a copy of commission contract, and a statement of personal financial transactions;

1. Previous conviction in the judgment: The defendant's legal statement, copy of the judgment, inquiry letter, investigation report (verification of criminal records), and inquiry of the judgment, and the application of Acts and subordinate statutes to this court and the result of search of sentence;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. The reasons for sentencing in the first sentence of Article 39(1)(1) of the Criminal Act for concurrent crimes (the sentencing criteria shall not apply since there is a single concurrent crime after Article 37 of the Criminal Act).