특정경제범죄가중처벌등에관한법률위반(횡령)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant served as the secretary of a certified judicial scrivener C office from May 2003 to December 2010.
Around May 2003, the above certified judicial scrivener office entered into a credit management division and credit management division of the Victim Bank (hereinafter “Korea Bank”) Korea (hereinafter “Korea Bank”) on behalf of the debtor of the Victim Bank to receive the repayment deposit from the court.
When the Defendant receives deposit money from the court for a victim bank in accordance with the above "a delegation contract with a certified judicial scrivener in charge of side transactions", the Defendant had a duty to deposit and deliver it to the management account under the name of the victim bank on the same day.
Nevertheless, the defendant received 23,173,150 won from the Seoul Central District Court on March 13, 2006, the debtor's deposit money deposited by the debtor D pursuant to the delegation from the Seoul Central District Court on the part of the victim bank, and then was in the custody of the victim bank for the business of the victim bank. Around that time, the defendant deposited the money into the account under the name of the bank E (Account Number F) which is one of his own borrowed accounts, and used voluntarily for the purpose of paying the deposit money for the client's auction to the above certified judicial scrivener office at the Seoul Central District Court.
In addition, from around that time to September 24, 2010, the Defendant arbitrarily consumed the total of KRW 605,067,466 by the same method 21 times, such as the list of crimes in the attached list of crimes.
Accordingly, the Defendant embezzled the property of the victim bank.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by G and H Prosecution;
1. A H statement;
1. Question-A concerning receipt of deposit and deposit-related documents, written confirmation (for example, delayed adjustment-G), written confirmation (H, A), delegated contracts to certified judicial scriveners in illegal transactions, written confirmations (D, etc.), documents related to receipt of deposit dividends and documents related to receipt of auction dividends;
1. E Bank Account (F) transactions, H.