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(영문) 대전지방법원 홍성지원 2019.08.22 2019고합20
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) is the president of the victim G association comprised of the employees of the said company from March 12, 2014 to March 13, 2018, who worked in the E Stock Company F located in Boan City D from around 2002 and was engaged in the management of the members’ contributions.

While the Defendant kept KRW 1,252,956,711 in the Hbank account (I) under the name of the Defendant, the Defendant embezzled KRW 50 million on June 8, 2016 by voluntarily using the name of real estate investment and living expenses, etc. from that time to July 27, 2017, including the transfer of KRW 1,252,956,71, which was entrusted by the members of the said credit cooperative from the said credit cooperative, for personal use, such as living expenses.

2. On April 18, 2018, the Defendant: (a) was asked by the board of directors of the G Union to vindicate the Defendant’s use of KRW 1,400,000,000 embezzled as stated in the foregoing paragraph (1) from the board of directors of the G Union; and (b) was willing to forge a detailed statement of deposit transaction in the name of the head of C Bank substitute Branch Office and B Association principal branch office and to submit it to the said Federation, the board of directors, and the investigative agency.

C. On July 4, 2018, the Defendant entered image files, such as “Croman,” searched on the Internet using a computer network, in a document around Boan City K, L, and Croman, which is a residence of the Defendant, into the document, and inserted “M”, “A”, “A”, “A”, “A”, “A”, “A”, “B”, “A”, “B”, “A”, “A”, “2016/06/08” in the transaction date in the transaction column, “payment”, “50,00,00” in the transaction date, “50,00” in the transaction amount column, “0”, “0,000 in the issue date”, “ October 4, 2018,” and “issuing” in the column of issuance date.

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