업무상횡령
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
From May 2008 to February 2, 2013, the Defendant served as the head of the credit team in charge of loan affairs at the NongHyup branch E located in the Nong Bank D2 leveled from the date of harmony.
On December 30, 2010, the Defendant applied for a loan of KRW 300 million from the representative G (actual operator H) of the victim (hereinafter “victim”) who was the applicant for a loan at the above Nong Bank E branch (hereinafter “the victim company”), and rejected a request for a loan of KRW 950 million on January 5, 201, to return KRW 1,250,000,000,000 to the Agricultural Cooperative Account under the name of the victimized company after receiving an application for a loan of KRW 950,000,000,000 from KRW 1,250,000,000,000 under the name of insurance premiums and recognition for purchase of the Agricultural Cooperative Fire Insurance, and KRW 3,15,00,000,000,000,000 for installment savings to Nonghyup and received KRW 124,99,00 from the Defendant on January 5, 2011.
Accordingly, the Defendant arbitrarily embezzled the total amount of KRW 6.99 million of the amount of the damaged company that was kept in business.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness J, K, H, L, and M;
1. Statement made by the prosecution with respect to the N;
1. Details of the required account transaction, statement of accounts settlement, manipulation transaction (as of January 5, 201), external appraisal statement (reusation), appraisal statement, factory appraisal statement, verification of local return of securities, statement of payment advance (50 million won), and statement of payment advance (20 million won);
1. Application of Acts and subordinate statutes to the investigation report;
1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of a punishment for a crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The issue of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.