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(영문) 광주지방법원 2017.10.25 2017고단3815
업무상횡령등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant worked for accounting at the Dong-gu apartment management office in Gwangju-gu, and was in charge of the management of apartment operating funds and the collection of entrance fees.

1. Alteration of a private document, alteration of a private document, the holding of a falsified-related document, and the holding of a falsified document;

A. The Defendant altered the amount of a written request for deposit to withdraw apartment operating funds from the said apartment C account in the name of the said apartment, or ordered to withdraw the deposit by forging the written request for deposit with the Director of the Management Office and the Chairperson of the Residents’ Representative Council affixed the seal thereto.

On May 7, 2013, in order to withdraw KRW 88,000 from the above account under the name of education expenses for improving the job ability of the director of the management office, the Defendant prepared a written request for deposit stating “T only 0,000 won” and “B apartment” in the name column of the deposit applicant, and obtained approval from the management office and the resident representative meeting.

In order to withdraw the above deposit and additionally withdraw KRW 500,000,000, the Defendant changed the request for deposit in the name of B apartment, by entering “O$” in the column for the withdrawal amount of the deposit written as above, and submitted it to the person in charge of the branch office of Gwangju Agricultural Cooperatives, Gwangju.

In addition, the Defendant altered or forged the written request for deposit in B apartment name on seven occasions from May 7, 2013 to November 21, 2013, and submitted it to the branch of the Nam-gu Agricultural Cooperative, Gwangju.

B. The Defendant shall obtain a certificate of deposit balance to verify the balance of the deposit account from the academic Dong-dong branch in each month, and settle the account. In the process, the Defendant shall arbitrarily withdraw the deposit by altering the above written request for deposit.

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