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(영문) 서울중앙지방법원 2017.08.31 2017고합766

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for six years.

Reasons

Punishment of the crime

The Defendant entered the victim C (hereinafter “victim C”) around 1980 and worked as a person in charge of the current account transaction, management, and deposit and withdrawal at the victim bank located in Jung-gu Seoul Metropolitan Government from July 6, 1995 to November 2, 1998.

Around that time, the Defendant received a proposal from E (the death of July 18, 2004, and the absence of public prosecution right on July 28, 2017) that “I would like to embezzled and leave bank money to B and make stock investments. If a profit occurs, I would like to divide it half.” While the current account is opened in the victim bank, I would like to issue a check and then again deposit money in the bank’s separate deposit (the deposit in which money for withdrawal of one’s own check is deposited) with the victim bank’s account (the deposit in which money for withdrawal of one’s own check is deposited) even though it was actually established in the victim bank, and then I would like to receive a share investment by issuing a check for withdrawal of one’s own face value from the separate account and delivering it to E.

At around 10:00 on April 17, 1998, the Defendant asked Ha, by telephone, a vice bank in charge of the funding of F Co., Ltd., F to “the number of face value of one billion won per face value” and embezzled on April 17, 1998, one check of one billion won per face value issued by H after obtaining approval from the company inside the company, and then received from H at around 12:00 on April 17, 1998 at the victim bank, and then deposited the same amount into the separate account of the victim bank, and withdrawn the same amount at a face value of one billion won per face value per one check issued for the victim bank. < Amended by Presidential Decree No. 15747, Apr. 17, 1998; Presidential Decree No. 15813, Apr. 17, 1998>

Accordingly, the defendant, as seen above, has embezzled a face value of one billion won at his own face value as well as an occupational embezzlement, from April 17, 1998 to November 2, 1998.