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(영문) 전주지방법원 2013.08.13 2013고단1583

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 a person who deposits with a bank designated by the board of directors all the money received from the general affairs while serving as a financial position of C, and obtains approval from the chairperson through a resolution of the board of directors.

1. On January 4, 2012, the Defendant forged a letter of delegation in the name of C, which is a private document on rights and obligations, for the purpose of using “C”, “E”, “E”, and “F” in the resident registration number column, and “C” on the resident registration number column, and then affixed the seal of C in the name of C, which is a private document on the rights and obligations, for the purpose of using the seal of C, and for the purpose of using the forged letter of delegation, which is a private document on the rights and obligations, the Defendant forged a letter of delegation in the name of C, which is a private document on the rights and obligations, with the knowledge of the forgery on that paper, and, at the same time, exercised it as if the forged letter of delegation was duly constituted, the employee in charge of the said bank, who was not aware of the forgery.

2. The Defendant embezzled the sum of KRW 22,40,000,000,000,000 on January 4, 2012, 5, and 7,400,000,000 on January 11, 2012, respectively, by voluntarily consuming that C members manage the passbook (D) in the former bank account in the name of C in which C members deposit membership fees.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes of each list of deposit transaction records;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (Article 231 of the Private Document) and Articles 234 and 231 of the Criminal Act, Articles 356 and 355(1) of the Criminal Act (Article 355(1) of the Criminal Act, the choice of each imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.