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(영문) 광주지방법원 2017.12.07 2017고단3142

업무상횡령등

Text

A defendant shall be punished by imprisonment for a period of five months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant, as the representative director of the Korea Development Bank Co., Ltd. in the Namyang-gun Co., Ltd., has a dispute over the burden of operating funds and the transfer of stocks with E, etc., and he has withdrawn the contributions made by the construction mutual aid association by the Korea Development Bank Co., Ltd. and has been willing to collect the money that the defendant has incurred when acquiring the

1. On November 11, 2016, the Defendant forged private documents: (a) prepared and printed out a document stating “a resolution of the board of directors and a written approval for audit and inspection” without authority to submit to the construction mutual aid association when filing an application for the return of investment to the construction mutual aid association; (b) signed and printed out a document stating “a resolution for the refund of 94 shares out of the 94 investment shares of the construction mutual aid association held by the company; and (c) affixed a seal of F, G, and H’s name stating the name of F, G, and auditor who is a director of the Korea Development Bank; and (d) affixed the seal of F, G, and H’s name.

Accordingly, for the purpose of exercising authority, the Defendant forged “the board of directors’ resolution and audit approval” in the name of F, G, and H on proof of fact without authority.

2. On November 14, 2016, the Defendant filed an application for the return of the investment with the construction mutual aid association branch located in Seo-gu, Gwangju, Seo-gu, Gwangju, for the return of the investment with the DBD branch, and exercised the aforementioned investigation document by submitting a forged “resolution of board of directors and approval for audit and inspection” to the employee in charge of false facts.

3. On November 14, 2016, the Defendant: (a) submitted an application for the acquisition of equity shares (application for the return of investment) to 94 equity shares (application for the return of investment shares) invested by the Construction Credit Guarantee Co., Ltd. in Gwangju-gu branch of the Construction Credit Guarantee Co., Ltd. on November 174, 2016, and embezzled KRW 134,111,740 from the Construction Credit Guarantee Co., Ltd. on November 15, 2016 and deposited KRW 134,00,000 on November 16, 2016, while the Defendant was in business custody for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Prosecutions against the Defendant.