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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
1. From December 6, 2006 to January 13, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) served as accounting staff in Jongno-gu Seoul Metropolitan Government Victim D Co., Ltd. and managed the authorized certificate of the account in the name of the victimized company and the password of the Internet banking, and handled the affairs of paying the price to the customer.
In this case, the defendant has a duty to accurately transfer the amount designated to a designated customer and to manage the funds of the damaged company by not using the above authorized certificate and the Internet banking password for other unlawful purposes.
Nevertheless, on December 28, 2006, the Defendant violated the above occupational duties, and entered 7,000,000,000 won out of the balance of the Korean bank account (Account Number: E) in the name of the victimized Company by accessing the Internet Bank website of the victimized Company’s office using the computer, and then transferred 7,00,000,000 won from the damaged Company’s account under the name of the Defendant, by entering an authorized certificate and the Internet banking identification number, etc. managed by the Defendant, from the damaged Company’s name to the Defendant’s account. From that time to January 4, 2012, the Defendant transferred 488 times in total from the damaged Company’s account to the name of the Defendant and its branch.
As a result, the defendant acquired a total amount of 661,397,930 won and suffered a property damage equivalent to the same amount from the damaged company.
2. The Defendant forged a private document and transferred the balance of the accounts in the name of the company D to another account as referred to in the preceding paragraph, and was at the risk of being aware of the Defendant’s act of breach of trust, on the wind that the funds of the said company are not paid to the floor or the customer, and loans are extended in the name of the said company.