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(영문) 의정부지방법원 고양지원 2014.06.13 2014고단53
업무상횡령등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. From August 25, 2008, the Defendant has been engaged in the fund management duties as a victim D’s accounting employee of Mapo-gu Seoul Mapo-gu Co., Ltd., Ltd. from August 25, 2008.

On January 25, 2010, the Defendant, at the above D office, deposited one bank passbook (Account Number E), personal seal impression, etc. of the victim for the purpose of the victim. On the same day, at one bank located on the first floor of the same building on the same day, withdrawn 600,000 won by cash using the above passbook, seal impression, and password, and consumed it for personal purposes such as living expenses.

In addition, from January 25, 2010 to September 6, 2013, the Defendant embezzled KRW 190,326,623 for personal purposes, such as living expenses, by either withdrawing in cash from the victim’s passbook 244 times as shown in the attached list of crimes, or by transferring the sum of KRW 190,326,623 from the victim’s account through Internet banking to the Defendant’s account.

2. Around September 4, 2013, the Defendant forged private documents at one bank located on the first floor of Mapo-gu Seoul Metropolitan Government building C, using a verification color pen on the application form for retirement benefit, stating “D” in the corporate name column, “F” in the business number column, “A” in the subscriber column, “G” in the resident registration number column, “I” in the Gyeonggi-do Soyang-gu Young-gu, Gyeonggi-do, and the contact number column, “I” in the entry date column, and “I” in the entry date column, and affix a seal on the corporate name column following the date of retirement.

Accordingly, for the purpose of exercising, the Defendant forged a written application for retirement benefits under the name of the corporation D, a private document related to rights and obligations.

3. The Defendant: (a) delivered a forged retirement benefit application to the bank employees who knew of the forgery at a time and at a place as referred to in paragraph (2) as if it were a document duly formed; and (b) exercised the same.

4. The Defendant is a computer in the foregoing D office around April 15, 2013.

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