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Reasons
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(영문) 광주지방법원 목포지원 2013.10.31 2013고단897
업무상횡령
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The sentence against the accused shall be 2,00,000 won.

If the defendant does not pay the above fine, 50.

Reasons

Punishment of the crime

The Defendant is an employee of C Company with the purpose of debt collection business from around 2008 to 2009 and was engaged in the business of receiving reimbursement from the obligor and delivering it to the customers on behalf of the clients who requested debt collection to the said Company.

The Defendant, around May 2008, requested the victim B Co., Ltd. office located in Jindo-gun D to collect the debtor F from the representative director E. On Oct. 2, 2008, the Defendant: (a) from the H’s office located in Jindo-gun G around the end of the end of October 2008, the Defendant: (b) laid off the monet equivalent to KRW 15 million at the market price from the above F under the pretext of payment in kind for the above monet price; (c) sold the monet to the deceased in his name at the end of March 2009, and (d) sold the monet to the deceased in his name at the end of the end of March 2009; and (d) kept the 3 million won out of the sales price of KRW 15 million in cash and kept it for business purposes; and (d) arbitrarily embezzled the total of KRW 15 million from March 2009 to September 20, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the statement of each police officer made to H, F, and K;

1. Articles 356 and 355 (1) of the Criminal Act, inclusive of the relevant Articles of the Act and the choice of punishment for the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. It is so decided as per Disposition on the grounds of not less than Article 32(1)3 and Article 25(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the existence or scope of liability is not clear due to the reasons such as deposit of KRW 9,00,000 to the victim and agreement by the defendant).

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