beta
(영문) 서울북부지방법원 2015.12.18 2015고단4101

업무상횡령등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, from April 27, 2009, was a person who had worked as the director in charge of accounting of the victim D shop management office in Gangnam-gu Seoul Metropolitan Government, prepared an amount column, etc. of the written request for deposit according to the details of the resolution made by the management body, and then received approval from the head of the above D Self-Governing Management Body, the general secretary, and the Chairperson, along with the disbursement resolution, and was engaged in the affairs such as withdrawing the management expenses for commercial buildings accordingly.

On February 25, 2013, the Defendant prepared a written request for a deposit as stated in the resolution of expenditure as the cost of purchasing public appliances and then received seals from the warden, etc. from the above management body around February 25, 2013. In order to embezzled the difference by altering the amount column of the written request for a deposit.

1. Around 15:51 on February 25, 2013, the Defendant: (a) arbitrarily added “one hundred million” in front of the “Seoul High Court” as indicated in the column for the amount of deposit money written in the name of the No. D; (b) arbitrarily added “eight3,000” to “eight3,00,000; and (c) arbitrarily changed the amount to “one thousand Won High Court (1,083,000)” in front of the “83,000; and (d) subsequently presented the document as if the document was duly formed to E, an employee of the said bank, without knowledge of such fact, to exercise the deposit money in the name of the said D for the purpose of exercising the rights and obligations over 89 times as stated in the attached list of crimes from October 13, 2015.

2. On the same day, the Defendant engaged in occupational embezzlement in the AF Bank from the said NH Bank, using the foregoing modified deposit request, and embezzled the Defendant’s arbitrary consumption of the Defendant’s debt repayment, etc. at around that time, and as indicated in the separate list of crimes from October 13, 2015.