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(영문) 대구지방법원 서부지원 2015.05.14 2015고합16

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) has been engaged in the receipt of deposits and loan at the D branch of the victims Daegu Seo-gu Saemaul Savings Depository in Daegu-gu, Daegu-gu from March 21, 2005.

On December 18, 2012, the Defendant withdrawn KRW 30 million from the above branch on the same day to the male-friendly E, and voluntarily prepared and bound the two mons in the name of F without the consent of the customer F of the above credit cooperative in order to draw up the basis thereof, as shown in the attached list of crimes (1) from August 29, 2012 to July 24, 2014, the Defendant withdrawn KRW 528,961,360 in total over 42 times to July 24, 2014, and used it for personal purposes.

Accordingly, the defendant embezzled the victim's property.

2. On December 18, 2012, the Defendant forged 17 copies of the two list in the name of members of the Seocho-gu Saemaul Depository, including the name of “G” and “F” on the account number column of 2nds using a black pen at D points of the Daegu Seo-gu Saemaul Depository D, Daegu, with the intent to conceal the crime, even if he voluntarily withdraws money from a customer’s deposit as described in paragraph (1) and then voluntarily withdrawn money, and then forged 17 copies of the two list in the name of members of the Seo Seo-gu Saemaul Depository from the above date to July 9, 2013, as shown in the list of crimes (2).

In addition, the Defendant, at the above date, bound 17 copies of counterfeited straws (Withdrawals) to the gold straws file at the D branch.

Accordingly, for the purpose of uttering, the Defendant forged and held 17 copies of the two strings in the name of the member of the Seocho Saemaul Depository, a private document on the rights and duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of statement against H, I, J, and K;

1. The accusation statement, statement of accident (Embezzlement), statement of accident, confirmation document, each member membership and application for deposit transaction, and each member trading account;