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(영문) 수원지방법원 안산지원 2013.05.31 2012고합666
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in Ansan-si, the Defendant, as the chief secretary of the general affairs department of the victim G Co., Ltd. (hereinafter “victim Co., Ltd.”) in the F of the member-gu, Ansan-si, in charge of the management of the company’s personnel affairs, accounting, etc., thought to use it for personal purposes while keeping the passbook of a new bank in the name of H (Account Number: Change from I to J) and the public funds deposited in the passbook in the name of the victim company in the name of the victim company.

On July 9, 2004, the Defendant, at the office of the victim company, embezzled KRW 8,718,660, a sum of KRW 1,422,465,050, a sum of the owners of the victim company, for a total of 74 occasions, from around that time to April 3, 2012, by arbitrarily using the following: (a) the Defendant transferred the sum of KRW 8,718,660, which was in custody of a new bank passbook in the name of the said H through the Internet banking through the Internet banking; and (b) used the bank passbook in the name of the Defendant; and (c) used it as living expenses, etc. in the name of the new bank passbook in the name of the Defendant.

2. On April 4, 201, the Defendant forged private document: (a) at a half-month point in the territory of the company bank located in Ansan-si, Asan-si, 489-2, the Defendant entered “N” and “O” in the name column of the horse’s name; and (b) sealed the G corporation’s seal impression prior to his name.

Accordingly, for the purpose of uttering, the Defendant forged a letter of bank transaction in the name of N, a private document on rights and obligations.

3. The Defendant’s uttering of the above investigation document is a document that duly formed a forged bank transaction document as above at the time and at the same place as in paragraph 2, and as at the same time and place, an employee of a half-month branch of an enterprise bank who is unaware of the forgery.

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