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(영문) 수원지방법원 안산지원 2014.02.11 2013고단1708

업무상횡령등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a person who has been in charge of the recovery of non-performing loans in C Co., Ltd. located in Si interesting from March 18, 2010 to November 7, 2012.

1. Around January 5, 2012, the Defendant: (a) collected KRW 1,00,000,000 from a person in charge of non-performing loans from Company E located in Sinsan-si; and (b) used the Defendant’s personal debt in order to repay the Defendant’s personal debt at the time of Ansan-si.

In addition, from around that time to September 28, 2012, the Defendant embezzled total of KRW 57,500,000, such as non-performing loans collected from trading companies over 11 times in total, as shown in the annexed crime list.

2. Alteration of an official document and the uttering of an altered official document;

A. On October 11, 2012, the Defendant arbitrarily changed from the above C Office to “36,400,000 won” on October 11, 2012, the Defendant had an opportunity to possess a letter of deposit stating “13,400,000 won” as the deposit amount of KRW 23,000,000, which was received from the said C in order to conceal the embezzlement of the deposit amount of KRW 23,000,00 from the deposit amount received from the said C in relation to the provisional attachment of claims against the debtor to the third debtor.

Accordingly, for the purpose of uttering, the defendant altered a statement of money deposit in the name of the deposit officer G in the Suwon District Court, an official document, for the purpose of uttering.

B. On October 11, 2012, the Defendant issued to the above C Office a letter of monetary deposit, which arbitrarily changed the number of the column of deposit amount as described in the foregoing paragraph (a), and exercised it as if it had been duly formed.

3. Forgery of private documents and the display of private documents;

A. On August 21, 2012, the Defendant: (a) had access to the Internet at the above C Office; (b) had access to the Internet using a computer; and (c) had been in the form of withdrawal from the auction; and (d) had been in the case number column H.