The defendant shall be innocent.

1. On September 18, 2009, the Defendant: (a) leased the 6th floor of LIG building located in Gyeonggi-si, Gyeonggi-do, 531-1, at the law firm Gyeonggi-do office; (b) from C, the amount of money of KRW 60 million was leased from the victim E; and (c) instead, on the part of the Defendant’s claim for the return of KRW 60 million out of the deposit money to be returned at the expiration of the lease period of the said lease house, the Defendant transferred the money of KRW 60 million to E, the complainant.

After transferring the claim as above, the Defendant returned the notice of the assignment of the claim to C on September 18, 2009, and received from C the above fact of the said assignment of the claim from C on October 13, 2010, including the above 60 million won due to the expiration of the lease period on October 13, 2010, and embezzled 60 million won for the victim who is the assignee of the claim. At that time, the Defendant arbitrarily used the rental business operator (juF operating expenses) operated by the Defendant as operating expenses.

2. Determination

A. The purpose of the assignment of claims is to treat claims as one goods and transfer them to the assignee immediately from the transferor without losing their identity. In this case, the transferee obtains the creditor's status and is to obtain repayment of claims effective from the obligor. The Civil Act of the Republic of Korea requires notification of the transfer to the obligor or approval of the obligor's transfer as a requisite for setting up against the obligor and a third party, and grants only the transferor the right of notification to the obligor. As such, the transferor bears the obligation to enable the assignee to satisfy the requirements for setting up against the obligor by notifying the obligor of the transfer of claims or receiving the approval of the transfer of claims from the obligor, and the transferor double transfers the claims to another obligor before giving notice of the transfer of claims.