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(영문) 대전지방법원 2016.12.13 2016고단3389
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, who was occupational embezzlement from around 1996 to June 10, 2016, was in office as the secretary general of the DNA Federation, who was the victim of the building C, and was in charge of the operation management and budget execution of the said Federation.

The defendant thought that part of the funds of the above victim managed by himself, such as card payments, were used in the name of personal debt repayment, living expenses, etc.

The Defendant used the amount of KRW 3,00,000,000 to deposit with the Disabled Military and Meritorious Association for personal purposes, such as living expenses and repayment of debts, around that time, the Defendant used the amount of KRW 3,00,00 for the above victim.

In addition, the Defendant, from around that time to May 25, 2016, embezzled total of 86,321,080 won from E’s destination through 48 times in total, as indicated in the separate crime list.

Accordingly, the defendant embezzled the victim's property in his occupational custody.

2. Forgery of private documents and the display of private documents;

A. On May 23, 2016, the Defendant: (a) made an employee F who is aware of C502 enter his/her private document forgery at the D Federation’s office; (b) made him/her enter “a loan of 32 million won within the D Federation’s scope as follows” by using a computer; and (c) marked his/her official seal on the D Federation’s name that he/she had held in advance after G and D Federation’s name. Accordingly, for the purpose of exercising rights and obligations, the Defendant forged one proxy form in the name of G, a private document on rights and obligations. (b) At the same time and at a place as described in paragraph (1), the Defendant: (c) made an employee F, who is aware of the fact, to obtain a loan of 32 million won within the D Federation’s scope; and (d) made a delegation to the Secretary-General by emphasizing the loan of 32 million won within the D Federation’s scope to A’s financial expansion.

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