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(영문) 수원지방법원 안산지원 2017.05.01 2017고단364
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal record] On June 29, 2016, the Defendant was sentenced to four years of imprisonment for fraud, etc. at the Jeju District Court, and the said judgment became final and conclusive on July 1, 2016.

[2] The Defendant, from July 1, 2009 to April 17, 201, worked as the chief of the general affairs division at D Saemaul Treasury in Seopo-si, Seopo-si, and took charge of leisure and receiving duties. During that process, the Defendant succeeded to the authority whenever a private person’s regular business E, such as the point and time of occupation, and was engaged in exercising the right to decide on the termination of deposit, loan execution, cash withdrawal, etc. related to the above safe.

The defendant did not cancel the deposits of customers without permission in the narrow computer system in which he had the authority to decide on the receipt and disbursement of business money as above, or implement the loan arbitrarily in the name of customers, with the intent to use the money of the above credit cooperative for the investment of stocks by withdrawing the money under the name of the deposit return or loan.

1. On January 19, 2010, the Defendant acquired the right to make a decision on the termination and withdrawal of deposits at the above credit cooperative on a temporary and irregular basis on January 19, 2010, the Defendant used the right to make a decision on the termination and withdrawal of deposits. The Defendant entered and stored false information that two accounts of the Saemaul Depository’s regular deposit account (Account Number: G and H) in the name of customers at the end of the integration system, and approved and stored such false information. Then, the Defendant consumed the said deposit amount of KRW 5,377,560 in advance. On January 25, 2010, the Defendant: (a) opened a new account in the name of F on the electronic and document only on a computerized basis; (b) opened a new account in the name of F, but immediately terminated the account, and (c) renewed the first deposit account of KRW 5,000,000,000.

Accordingly, the defendant embezzled cash amounting to KRW 5,037,560,000, which was owned by the victim D Saemaul Cooperative, which was in his/her custody.

2. On December 16, 2010, the fraud Defendant would repay the remaining loans from the victim I who is his/her customer on a temporary and irregular basis.

“To hear horses,” the Defendant’s ar.e., the money.

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