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(영문) 수원지방법원 안산지원 2015.09.11 2015고합188

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

1. The defendant shall be punished by imprisonment for five years;

2. Three deposit passbooks confiscated shall be confiscated;

Reasons

Punishment of the crime

1. The Defendant, at the time of occupational embezzlement, embezzled the sum of KRW 1,435,605,505 (= KRW 315,912,368, KRW 119,69,693,137), while keeping funds owned by the victim during the period from December 23, 2007 to March 15, 2015, he/she embezzled the sum of KRW 1,435,605 (= KRW 315,912,368, KRW 119,693,137).

On December 23, 2007, the Defendant deposited KRW 6,371,50,000, out of KRW 8,064,050,000, which the victim church received from the believers, in the account of the Personal Savings Bank of the victim church, and used at will the remaining KRW 1,692,550,00 from March 15, 2015, from that time, up to March 15, 2015, the Defendant used KRW 315,912,368, out of the money owned by the victim church for personal purposes, such as stock investment, debt repayment, business funds, and living expenses.

B. On December 1, 2008, the Defendant deposited KRW 60 million of the funds of the victim church in the regular account of the Personal Savings Bank of Korea, but revoked the payment on the same day and arbitrarily used the said money for personal purposes. From that time until February 2, 2015, the Defendant voluntarily withdrawn KRW 119,693,137 in total by withdrawing KRW 1,19,693,137 in a regular account of the victim church and then arbitrarily used it for personal purposes, such as stock investment, debt repayment, business funds, living expenses, etc., by withdrawing KRW 60,00,000 from the time to February 2, 2015.

2. Forging and uttering private documents;

A. On September 30, 2013, the Defendant forged private documents with the victim church funds in his “F office” located in E at Silung-si, and on September 30, 2013, to the Personal Savings Bank in its name.