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(영문) 창원지방법원 거창지원 2016.08.24 2016고단229
업무상횡령등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, from March 2006 to February 2013, worked as a regular member of the D Agricultural Cooperatives in Gohap-gun, Chungcheongnam-gun, Gyeongnam-gun, and was engaged in credit and receipt business.

The Defendant, by forging a written agreement on loan transaction, provided each periodical deposits in the name of E, F, and G deposits in the name of D Agriculture Cooperatives and provided documents as if they were given loans as collateral, and then voluntarily used them, and forged the above periodical deposit termination documents, thereby offsetting the above loans with regular deposits, and having the document as if they were to withdraw the remaining deposits, and then having the document as if they were to do so, had the intent to embezzled the funds of the victim D Agricultural Cooperatives by withdrawing the funds in the name of the regular deposit and using them voluntarily.

1. Forgery of private documents and the uttering of a falsified investigation document;

A. On April 20, 2010, the Defendant, at the office of D Agricultural Cooperatives (Account Number H), arbitrarily sealed F’s seal on the account number column of F’s withdrawal slip for the cancellation of the said deposit, and then bound F’s seal on the account number column of F’s withdrawal slip for the cancellation of the deposit, using the gate, in order to process F’s cancellation of the said deposit without obtaining permission from E and F, the actual deposit owner, at the office of D Agricultural Cooperatives.

Accordingly, for the purpose of uttering, the Defendant forged the F's withdrawal slips in the name of F, a private document on rights and obligations, and exercised them.

B. On April 27, 2010, the Defendant, who forged and held a list of regular deposits (Account Number I) related thereto, shall be either “I” and “I” and “F amount” column in the account number column of the withdrawal slip for the cancellation of the said deposit with the view to treating F’s regular deposits under the name of F without the permission of E and F, the actual deposit owner at the office of D Agricultural Cooperatives.

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