2017Gohap567 Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), history

Forgery of Documents, Uttering of Illegal Document

A

He/she has received decorations (prosecutions) and fump (public trial)

Attorney B

August 25, 2017

A defendant shall be punished by imprisonment for not less than two years and six months.

Criminal History Office

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

From June 5, 2014, the Defendant worked as the director of the fund team at the victim D Co., Ltd. located in Gangnam-gu Seoul Metropolitan Government, and was in charge of managing the company's funds and its accounts.

The Defendant, as above, while managing the company funds through the NH Investment Securities Account for the victim company, deposited KRW 4,005,562,822 of the company funds deposited in the above account in the name of the victim to the National Bank Account in order to use them for personal purposes, such as stock investment, personal debt repayment, etc., in mind, and immediately transferred the said funds from such account to the future deposit account (E) in the name of the Defendant.

2. Forgery of private documents;

In order to prevent the occurrence of crimes as referred to in paragraph (1), the Defendant forged a balance certificate of the NH Investment Securities Account to keep it in the company office. On May 2017, the Defendant stated that the balance certificate, customer name D, account number F, date of issuance, 2017-05-02 09:35:01 on the base date, 2017-04-30, total balance 22,859,701, 290, and 10,000, appraised amount of 10,000,000, 10,016, 438, 356, and 356 of the account’s balance at the victim’s Fund Team office located in Gangnam-gu Seoul Metropolitan Government is identical to the above contents, and then printed out it by attaching the seal to the above part.

Accordingly, for the purpose of exercising a certificate, the Defendant forged one copy of the balance certificate in the name of NH investment securities, which is a private document concerning a certificate of fact.

3. Uttering a falsified investigation document;

On May 2017, the Defendant, at the early police officer office of the said fund team, laid down a copy of the forged balance certificate as mentioned above, as if the Defendant had been duly formed with H in charge of managing the balance certificate of the victim company, who was aware of the forged facts, as set forth in paragraph 2.

Accordingly, the Defendant exercised one copy of the balance certificate in the name of NH investment securities, which is a private document concerning a forged fact certification.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Details of transactions, stock balance, forged balance certificate, actual balance sheet, suspect personnel records card, and certificate of employment of a national bank;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Articles 356 and 355(1) (Embezzlement) of the Criminal Act, Article 231 of the Criminal Act (the use of private document assistance, the choice of imprisonment), Articles 234 and 231 of the Criminal Act (the use of private document and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Concurrent Crimes within the scope of adding up the long-term punishment for each of the above crimes prescribed by the Act on the Punishment, etc. of Specific Economic Crimes, which is of significant penalty penalty];

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty years; and

2. Scope of recommendations according to the sentencing criteria;

(a) Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

[Determination of Punishment] Embezzlement and Breach of Trust, Type 3 (at least KRW 500 million, but less than KRW 5 billion)

[Special Sentencings] Mitigations: Where punishment is not granted or where damage has been recovered from a considerable part: Where the method of punishment is extremely poor.

[Scope of Recommendation] Two to Five years of imprisonment (Basic Area)

(b) Crimes of forging private documents or uttering of falsified private documents;

[Determination of Punishment] The category of private document crimes, fabrication, alteration, etc.

【Special Convicted Person】

[Scope of Recommendation] Six months to two years (Basic Area)

(c) Two to six years of imprisonment with prison labor for multiple crimes (=5 years + one year + one year + 2 years X1/2) + 8 months ( = 2 years X1/3)];

3. Determination of sentence;

The crime of this case is committed by the Defendant, who is the director of the fund team of the public corporation (subsidiary of the Korea Tourism Corporation), arbitrarily transferred the amount of KRW 4 billion to an individual passbook, uses it for personal purposes, such as stock investment, repayment of personal debts, etc. In order to conceal this, the certificate of balance in the company's fund management account is forged and falsified to the employee in charge, and the nature of the crime and the amount of embezzlement are heavy in light of the method of crime and the amount of embezzlement. Furthermore, the amount of the embezzlement is damaged by the amount of KRW 570 million out of the amount of the embezzlement. The victim company continues to maintain the intent to punish the Defendant, and thus, it is inevitable to punish the Defendant for a reasonable

However, the Defendant was committing a crime with a view to acquiring profits derived from the operation of the said company’s funds, not in itself KRW 4 billion, and the Defendant returned at least KRW 3.4 billion to the victim company to recover a considerable amount of damage, and no criminal record exists.

In addition to these various circumstances, the defendant's age, character, conduct and environment, relationship with the victim, motive and consequence of the crime, circumstances before and after the crime, etc., and various circumstances shown in the arguments are determined within the range of recommended punishment in accordance with the standard of punishment.

The presiding judge and judges;

Judges Sung Jae-in

Judges' Index