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A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
Punishment of the crime
The Defendant was working as an employee of the “C” and was in charge of the affairs related to the collection of claims. From around December 8, 2014 to March 11, 2015, the Defendant received KRW 8,350,000,00 from the victim D, who was aware of the fact that he/she would collect 38,00,000 from the victim D’s ship repair claims against the Defendant Company E as if he/she would substitute for the amount of KRW 38,00,000 from the victim’s ship repair claims. In fact, the Defendant received KRW 8,350,000 from the victim who believed it as an individual passbook of the Defendant to the Busan Bank account (F). From December 8, 2014 to March 11, 2015, the Defendant received KRW 27,50,000,000 in total from the victim’s bank account (hereinafter “C”).
However, the defendant was thought to be used from the beginning for personal purposes, such as receiving money from the injured party without intention to collect the claim, and repaying his/her debt.
Accordingly, the Defendant received property by deceiving the victim D.
The defendant, "2016 Highest 743," who was working in the "C Company" that carries out the business of collecting claims, etc., was willing to acquire money by deceiving the victim G who became aware of the customer's money for the collection of claims.
1. On November 13, 2013, the Defendant: “Around November 13, 2013, the Defendant has the Defendant’s KRW 300 shares of Samsung Electronic Shares in the Plaintiff’s I Office of the Dispute Resolution Co., Ltd., which is operated by the Defendant, and the Defendant requires KRW 20 million deposit in the Daejeon District Court to collect the shares.
The phrase “ makes a false statement.”
However, even if the defendant received the above money from the injured party as a deposit money, he thought that he would personally consume it, and he did not intend to use it as the expenses for collection of claims.
The Defendant, as such, by deceiving the victim, was transferred from the victim to the national bank account (K) in the name of the Defendant on the same day.
2. The Defendant on January 1, 2014