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(영문) 광주지방법원 2016.02.12 2015고단4935

업무상횡령등

Text

The punishment of the accused shall be determined by two years of imprisonment.

However, the above sentence shall be executed for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person in charge of deposit and receipt, loan, etc. while working as a branch office from June 3, 2013 to March 11, 2015 at C located in Gwangju as a branch office.

The defendant had a passbook, seal, etc. of customers known to the general public, and was aware of the password, with the customer's request, used the money of the customers in lieu of account transfer, etc. to use them for stock investment, etc. by reducing the money of the customers.

1. On July 15, 2013, the Defendant, as the head of the branch office in the above C office, embezzled the sum of KRW 176,100,000 from the customer’s account to December 4, 2014 by withdrawing at will 47,00,000 from the above C office to cash and using it for stock investment. From the above date to the date of December 4, 2014, the Defendant embezzled the amount of KRW 176,10,000 from the customer’s account in cash and embling it for personal purposes, such as stock investment.

2. On June 7, 2013, the Defendant transferred KRW 50,00,00 from the above date to the account under the name of D (F) managed by the Defendant by inputting, without authority, information, such as the account number, the amount to be withdrawn, the alternative account number, the alternative account number, the alternative deposit amount, and the password, by accessing the victim C’s computer system at the victim C, and transferring KRW 152,379,000 to the account managed by the Defendant from the above date to July 29, 2013. In addition, the Defendant transferred KRW 152,379,000 in total from the account under the name of the customer to the account managed by the Defendant from the account under the name of the Defendant from the above date to July 29, 2013.

As a result, the defendant acquired property benefits by inputting information into the computer information processing system of the victim C, which is the data processing unit, without authority.

3. On July 16, 2013, the Defendant is the Victim Gwangju Bank located in 81, Nam-gu, Nam-gu, Gwangju.