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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
From November 24, 2008 to June 20, 2013, the Defendant has been working as the victim debt collection management team leader of the victim corporation D with the fifth floor of Seoul Gangnam-gu Seoul Building C, while engaging in debt collection affairs of the victim.
1. If the Defendant deems that there is no possibility of receiving repayment of the debt with respect to the ordinary bad credit, he/she received the payment from the obligor with the Defendant’s personal account, other than the victim’s corporate account, by using the fact that the superior did not properly manage the relevant debt without paying the debt, and then disposed of as if he/she concluded the relevant debt with the bad credit without paying the debt.
Around February 11, 2009, the Defendant received 350,695 won of the principal and interest of the debt from the above E to the Defendant’s personal account and embezzled the said amount in the course of having been kept in custody for the victim’s personal account, and then embezzled it from February 2, 2009 to February 14, 2013 in the same manner, as shown in the attached Table 1 Crimes List (Embezzlement) from February 2, 2009 to February 14, 2013, and embezzled KRW 103,761,02 of the debt from the obligor’s personal account.
2. The Defendant in occupational breach of trust has an occupational duty to not arbitrarily exempt or discount the amount of debt when receiving the repayment from the obligor for the victim, but in violation of such occupational duty, the Defendant arbitrarily exempted 50,695 won out of the amount of debt of the obligor E from the place specified in paragraph (1) around February 11, 2009 to February 14, 2013, as shown in the List of Crimes Nos. 2569, such as the list of Crimes Nos. 2 (Misappropriation) from February 11, 2009 to February 14, 2013, the Defendant exempted the obligor from the total amount of debt 31,708,559, and then granted the obligor an exemption from the total amount of debt 31,708,559 won.