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(영문) 인천지방법원 2016.10.20 2016고단5727

업무상횡령등

Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From December 8, 2008 to February 27, 2015, the Defendant has been engaged in the receipt and disbursement of deposits, etc. while working as an employee of the Victim C Saemaul Bank in Nam-gu Incheon Metropolitan City as an employee.

The defendant had a mind to withdraw the installment savings account in the name of his/her relative and to embezzlement by withdrawing it by way of terminating the installment savings account while using his/her seal imprint, etc.

On February 13, 2013, the Defendant voluntarily terminated the installment savings of KRW 30 million in the name of D, which the Defendant kept in his/her business for the victim, and transferred to the Defendant’s account under the name of the Defendant, and consumed it for personal purposes, such as credit card payment.

In addition, from May 2010 to January 19, 2015, the Defendant terminated the total sum of 370,178,574 won, which was kept on behalf of the victim as shown in the attached Table 1, and arbitrarily consumed the installment savings in the name of another person, as shown in the attached Table 1.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

2. The Defendant: (a) opened an installment savings account in his name in order to conceal the embezzlement to the title-holder of the private document; (b) opened and displayed the account in his name; and (c) made the account in favor of the money being normally deposited; and (d) arbitrarily prepared the installment savings deposit slip and issued it.

On April 16, 2014, the Defendant: (a) stated in the Account Number column, “E”, “F”, and “F” in the Account Number column, using an official approval color pen; (b) forged a letter of a request for withdrawal in the name of F, affixed a seal affixed on the Account Number column; and (c) kept it in the said name, as if the document was duly formed.

In addition, the defendant from around that time to January 19, 2015.