2015 highest 969 public electronic records, electronic records, etc., and public documents

Alteration, uttering of altered official document, occupational embezzlement, alteration of private document;

Alteration of Private Document

A

Escopic (prosecution) and scopic (public trial)

Attorney B (Korean National Assembly)

June 9, 2015

A defendant shall be punished by imprisonment for two years.

Criminal facts

From January 10, 2012 to January 29, 2015, the Defendant served as C administrative division and affiliated D, entered the settlement account number, etc. in the local finance management system (e) so that public officials can pay the corporate card price used during their duties, and took charge of obtaining approval from E, who is the approving authority.

During the process of performing such duties, the Defendant entered “cash” into the local finance management system as “cash instead of entering the settlement account number, etc. of the said corporation card in order to raise cash for personal debt repayment, etc., and received cash from the agricultural cooperative with approval, and used it for personal consumption. To conceal this, the Defendant was willing to modify the disbursement resolution in the name of C and the deposit statement in the name of the agricultural cooperative, which is an attached document, printed out from the said system.

1. Events, such as public electronic records, etc., and electronic records;

A. On July 3, 2012, the Defendant entered the C Administrative Division Office F in the window of Changwon-si into the local finance management system in order to pay the corporate card price in an amount equivalent to KRW 470,000 used by the public official during his/her work, and entered the settlement account number, etc. in the said system in order to raise cash to be used for the Defendant’s personal debt repayment, etc., the Defendant entered the said system as “ordinary payment (cash)” in addition, from that time to January 26, 2015, and entered false information into the said system, such as the list of crimes (1).

B. At the above office around July 3, 2012, the Defendant: (a) written the computerized records of the above system, such as paragraph (a) and obtained approval from E, the approving authority, and sent them to the administrative and expenditure officer; and (b) exercised the official electronic records of the public office, which was written, by sending them to the public office, in total, 607 times from that to January 26, 2015, as shown in the attached list of crimes (1).

2. Occupational embezzlement;

On July 3, 2012, the Defendant embezzled the victim’s property by arbitrarily consuming the total amount of KRW 148,382,300 over 242 times, as shown in the separate sheet of crime (2) from January 26, 2015 to January 26, 2015, including using KRW 470,00,00 in the corporate card settlement price received in the same manner as that of paragraph (1) for the victim C, while in the course of performing duties for the victim C.

3. Alteration of an official document and alteration of an official document;

Around July 3, 2012, the Defendant entered “cashs” in the name of the NA and the “cashs related to payment of the deposit statement in the name of the NA, the document attached to the said system,” and thus, the Defendant’s embezzlement is likely to be discovered. The Defendant entered “CFFFFFFFFFFF” into the said document using a computer program and printed it out, attached to the “cash in the above disbursement resolution and deposit statement”, attached to the “cash in the name of the NAFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFY 200. In addition, the Defendant modified each of the following items: (a) one copy of the disbursement resolution document in the name of the NAFFFFFFFFFFFFFFFFFFFFFFFFFF

4. The holding of altered official documents and the holding of altered private documents;

At the above office around July 3, 2012, the Defendant, at the above office, submitted one copy of the disbursement resolution in the name of C and one copy of the deposit statement in the name of Nonghyup, which was modified by the above method, to E, etc., who is not aware of the fact, and exercised the statement of deposit in the name of Nonghyup, an official document, which was modified 46 times in total, from January 26, 2015, as shown in the attached list of crimes (3) and (4) from that to January 26, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning H, I, J, K, and L;

1. A written accusation;

1. Current status of the payment of business promotion expenses for forgery and alteration of official documents;

1. Current status of expenditure without evidential documents;

1. The details of cash payments;

1. An investigation report (in addition to the administrative department and a statement of transactions in five settlement accounts with the competent corporate card);

1. Investigative reports (Attachment of Suspect data on financial transactions);

1. Application of investigation reports (the details of deposits and withdrawals transactions, such as cash account of a suspect post office) (applicable to statutes;

1. Article applicable to criminal facts;

Articles 356, 355(1), 227-2, 225, 229, 231, and 234 of the Criminal Act

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Imprisonment choice (occupational embezzlement, alteration of private documents, and use of altered private documents)

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 (Reasons for Sentencing) of the Criminal Act

○ Group 1 Crimes

[Scope of Recommendation] Type 1 (Non-Business Non-Organizational Non-Organizational Non-Organizational Type) Special Area (1 year to June 3 year), such as forgery, alteration, etc. of official documents

[Special Persons] Where a large quantity of documents has been repeatedly published or altered

○ The scope of final sentence due to the aggravation of multiple offenses: one year to six months from one year;

Normal unfavorable circumstances in consideration of ○○: The fact that the public confidence in the integrity and compliance of the public official causes a big loss to local finance, the period of the crime is long, the number of the crimes is high, and the amount of damage is significant.

- A favorable circumstances: A return of approximately 74 million won out of the amount of embezzlement, a reflective fact, and a primary charge;

0 Determination of sentence: Imprisonment for 2 years

Judges Yellow Major