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(영문) 서울중앙지방법원 2018.02.09 2018고합48

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. The Defendant violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) is a person who works as the chairperson of the victim C Trade Union (hereinafter “victim Trade Union”) from January 1, 2014 to December 31, 2017 and has overall control over the affairs of the trade union, such as fund management, etc. of the victim trade union.

On January 10, 2014, the Defendant, at the victim trade union office located in Seoul Special Metropolitan City, Da 73 Dong Culture Center 223, deposited KRW 200,000 from the Agricultural Bank account (F) in the name of the victim trade union in the form of check, issued the above check by E, and embezzled it by using it for private purposes, from that time until November 20, 2017, after arbitrarily depositing the funds of KRW 92,000,000,000,000, in total, owned by the victim trade union and kept on duty for the victim trade union.

2. Forgery of private documents and the uttering of a falsified investigation document;

A. 1) The Defendant who forged a balance or balance certificate of a private document shall change the “A” column for the deposit owner to the “C Trade Union” without authority for the purpose of carrying out a “certificate of remaining balance or balance issued by a new bank issued in the name of the Defendant at the office of the C Trade Union located in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City (hereinafter referred to as the “C Trade Union”) on December 2014 by using the computer’s screen program, and change the details of the deposit account into the “A” without authority for the purpose of carrying out a “certificate of remaining balance or balance issued by the Defendant at the office of the C Trade Union located in Seoul Special Metropolitan City, Nowon-gu (hereinafter referred to as the “C Trade Union”), and change the details of the deposit account into the “type of deposit or trust: fixed deposit, account number: I, account number: 100,000,000,000 won”, “deposits, deposits: type of deposit, trust account number, amount: J. 80,000,00 won.”