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(영문) 대구지방법원 서부지원 2013.05.09 2013고합50

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three 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) is the director of the victim D Saemaul Fund in Daegu-gu, Seogu, Daegu-gu, from April 1, 1996 to January 4, 2013, and has been engaged in the receipt of deposits and lending of the said D Saemaul Fund.

On December 31, 2009, the Defendant, without the consent of customers E, applied for a loan of KRW 20 million from the foregoing D Saemaul Depository as security, and then withdrawn the loan of KRW 20 million and made a loan to F on the same day and used it for personal purposes as shown in the attached crime list (1), such as lending it to F on the same day.

Accordingly, the defendant embezzled the victim's property.

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

A. As stated in the above paragraph (1), the Defendant applied for a loan with a term deposit, etc. in the customer’s name as collateral and embezzled the loan. Around December 31, 2009, the Defendant stamped the rubber seal “E. 30 on December 30, 2009” and “On December 30, 2009,” on the date of the receipt of the loan application form at the D Saemaul Depository’s request form, and signed the rubber seal “E. 30” on the loan application amount column with a stample, and forged the loan application form in the loan period column with the stample, “B0 million won”, “E. 31 December 31, 2009 through December 22, 2010” and “E. ” on the loan applicant’s name column and affixed the seal in advance from October 12, 2012.

Accordingly, for the purpose of uttering, the Defendant forged 41 copies of the loan application in the name of E and G, a private document related to rights and obligations.

B. The Defendant, at the time, at the time, and at the place of the above paragraph (a) above, exercised 41 copies of the loan application, which was forged to the staff in charge of the D Saemaeul Fund, as described in the above paragraph (a), as if they were duly formed.

(i) the evidence;