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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
The Defendant, as an employee of the Victim Dongyang Securities Co., Ltd. (hereinafter referred to as the “victim Company”), had been willing to arbitrarily collect money from other customers’ accounts or transfer money in order to compensate for losses to customers who suffered losses from financial products managed by the Defendant.
1. Withdrawal of KRW 25 million in the name of CMA account (D);
A. A. On September 4, 2009, the Defendant: (a) received a request from the customer C to pay money to CMA account (D) at the victim’s financial center center located in the third floor of the Dong-gu 198 building in Gwangju-gu, Gwangju-gu, the Defendant deposited KRW 25 million in cash from the counter employees E; and (b) the fact that C did not revoke the deposit; (c) the Defendant did not normally process the documents, and presented the form of money sheet to the official seal stamp; (d) the Defendant affixed C seal on the name column of the entry money slip; and (e) the Defendant forged one entry money slip in the name column of the entry money slip stating “D”, “C”, “25,000,000 in the face amount column; and (e) forged the entry money slip in the name of the private document C under the name of rights and obligations.
B. The Defendant, at the same place, delivered one copy of the forged monetary statement to E employees of the counter of the victim company, who knew of the forgery, as if it were the document duly formed.
C. The Defendant, at the same time and place as the above paragraph (a) above, proposed a forged statement of money to be deposited, thereby deceiving C as if he were duly requested to cancel the deposit.
The Defendant received 25 million won in cash, which is owned by the victim company, from the above E.
2. Withdrawal of KRW 44,245,129 from the consignment account (G) in the name of the F;
A. On July 30, 2010, the Defendant forged private documents by depositing it into the said account from customers H in the name of father F at the same place as paragraph 1(a) around July 30, 2010, and by depositing it into the said account in the name of father F.