beta
(영문) 인천지방법원 2017.03.22 2017고단344

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from July 13, 2012 to April 8, 2016, worked as the F Branch of Korea Bank’s F Branch from around July 13, 2012, and was engaged in business of managing customers’ funds.

1. Occupational embezzlement;

A. On January 28, 2016, the Defendant embezzled KRW 226,00,000, at his/her own discretion, from around March 18, 2016, the Defendant deposited the funds of the Victim I, his/her father, in the non-taxable account, from the point of our bank F branch in Seo-gu Incheon, Incheon, to the non-taxable account, and received a request from his/her father to manage it well, and stored the funds owned by the victim for the sake of the victim, from that time to March 18, 2016.

B. On March 28, 2016, the Defendant, at the F branch of the above Korean Bank F, embezzled by depositing KRW 90 million in a securities account in the name of the Defendant and investing in shares, while receiving a request from the Victim J to exchange in cash to prevent gift tax from being subject to gift tax.

2. On April 7, 2016, the Defendant, at the L Office located in the Seo-gu Incheon Seo-gu, Seo-gu, Incheon, would give a victim M with a benefit to purchase an apartment and prepare for the registration cost at the time of the purchase and registration of the apartment by investing money in another place where the bank would have a problem.

“A false representation was made.”

However, in fact, the Defendant, at his own discretion, deposited KRW 226,00,000 out of the above I’s funds into the U.S. securities account of the Defendant and invested in the shares in Korea’s head office of the bank to manage the shares, and there was no idea to make an investment even if he did not receive money from the victims.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 20 million to her husband’s N account from the victim; and (c) directly received KRW 120 million from the victim.

This is the defendant.