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(영문) 춘천지방법원 원주지원 2019.10.24 2019고단835
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim who is in charge of debt collection business as the principal branch office of B Co., Ltd. (hereinafter "victim Co., Ltd.") who is a victim of debt collection business.

In performing debt collection affairs, the injured company shall have the obligor repay the debt by transferring the money to the account of the victimized company, and deliver the money repaid to the obligees, and the obligees who received the satisfaction of the debt shall pay the fee for debt collection to the account of the victimized company.

However, the Defendant received money in the name of repayment from the obligor to the account under the name of the Defendant, received money in the name of commission for debt collection from the obligees, and received money from the obligees to the account under the name of the Defendant, and sentenced to embezzlement.

Around April 8, 2016, the Defendant: (a) transferred money of KRW 2.5 million from the creditor to the National Bank account (D) in the name of the Defendant’s bank account; and (b) stored for the damaged company, the Defendant embezzled money of KRW 2.5 million for personal purposes, such as living expenses and family treatment expenses, etc. from the original Si Council members around that time; (c) from that time until March 25, 2019, from that time to March 25, 2019, the Defendant embezzled money of KRW 58,743,200 from the debtor’s bank account in the name of the Defendant’s bank account or paid in cash, or paid in total, KRW 58,743,200 from the creditor’s bank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Complaints of E preparation;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of details of medical expenses submitted by a suspect, and details of bank transactions by a suspect);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Article 62 of the Criminal Act:

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