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(영문) 전주지방법원 정읍지원 2015.11.24 2014고단642

업무상횡령등

Text

Defendant shall be punished by imprisonment for a term of two years and ten months.

Reasons

Punishment of the crime

1. The Defendant engaged in occupational embezzlement, from February 14, 2008 to November 27, 2013, in the management and custody of the account in the name of the victim in the (oil) E, the victim in the former North Chang-gun, North Chang-gun, and engaged in the management of the account in the name of the victim and the fund of the company.

On January 27, 2010, the Defendant sought KRW 3,239,00, which was kept in custody for the said victim for his/her own personal purpose, and subsequently voluntarily consumed KRW 329,60,080 in total on 82 occasions from August 20, 2013, as shown in attached Table 1, from around August 20, 2013, from the date on which the Defendant collected KRW 329,602,080 in total for 82 times as listed in attached Table 1.

Accordingly, the defendant embezzled the victim's property.

2. Forgery of private documents and the uttering of falsified private documents;

A. On December 28, 2012, the Defendant stated “(E)E”, “G”, “G”, “H”, “H”, and “H” and “E” in the account number column in the name column, and submitted the said application to the employee in charge of the name of the Defendant, after marking the corporate seal of the company, which was kept in advance following the I’s name, on the company’s name and submitted to the employee in charge of the name.

Accordingly, for the purpose of uttering, the Defendant forged an application form for the payment of CD/ATM passbook in the name of E, which is a private document related to the duty to exercise the right, and used the forged CD/ATM application form to the name-free stable staff who is aware of the forgery, as if it were the document duly formed.

B. The Defendant, around May 31, 2013, transferred to North Korea by using a computer on the statement of payment of local income tax (for the storage of a Si/Gun/Gu) that was released from the Internet site of the Ministry of Labor at the (EE office located in Go Chang-gun, Go Chang-gun, North Korea).