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(영문) 부산지방법원 2006.4.25.선고 2006고단30 판결
업무상횡령,사기,사문서위조,위조사문서행사
Cases

206OO 30 Occupational embezzlement, fraud, fabrication of private documents, and uttering of private investigation documents

Defendant

○○○ (00000-00000) and ○○ Agricultural Cooperative Director’s Representation

The residence omitted.

The permanent domicile omitted.

Defense Counsel

Law Firm ○○, Attorneys ○○○

Imposition of Judgment

April 25, 2006

Text

A defendant shall be punished by imprisonment for two years. The number of days under detention prior to the pronouncement of this judgment shall be included in the above sentence.

Reasons

Criminal History Office

From January 1, 1993 to 00, the Defendant worked for ○○ Agricultural Cooperative located in Gangseo-gu, Busan Metropolitan City 000, and served as the director of the credit management division from October 2002 to 2002, and was in charge of the management of credit management, bad debt allowances, dividends, etc.;

1. The Defendant’s gathering of the Defendant’s ○○○○○○, knowing that he had subscribed to the life insurance product handled by the said agricultural cooperative, with the knowledge that 00 was being used to obtain a loan from the said agricultural cooperative by forging the loan document as if he received a loan by using the name Manerpbook;

A. (1) On April 11, 2003, the above No. 1003 office entered, without authority, the personal information of ○○ in the debtor column of the agreement on the loan of self-reliance deposits printed with fences, and entered in the loan column as ○○ in the name of ○○ office.

Part I of the self-reliance deposit loan agreement in the name of 00 private document concerning the rights and obligations affixed with the seal of the name;

(2)on its job deliver to the head of the lending staff ○○ who is unaware of the circumstances a letter of agreement on the above-mentioned self-reliance deposit loan as if the agreement was duly formed;

(3) On May 23, 2003, without authority, entered the personal information of 1,00,000 won in the principal of the agreement on the addition of the self-reliance deposit loan transaction, printed with the gate, and in the column of the offerer, with the aim of exercising it at the above No. 3 office, and entered the amount of the gold premium in the column of the total amount of the gold premium in the column of KRW 1,00,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000

(4)on its job, by delivering to the head of the lending staff ○○ (○○) who is unaware of the circumstances a written agreement on the transaction of a forged deposit loan of self-reliance as if the agreement was duly made available;

(5) On October 30, 2003, without authority, contain 00 personal information in the principal of the letter of agreement on the addition of the self-reliance loan transaction with a fence printed with the aim of exercising it at the above Nonghyup Office, and in the column of the offerer, "Gulcheon-gu Won" and "Ylcheon-gu Won" are stated in the column of the total amount, and then forge one copy of the letter of agreement on the addition of the self-reliance loan under the name of YO, which is a private document concerning the rights and obligations, with the seal affixed to the name of ○○ in the office above, and affixed with the seal affixed to the name above ○○○.

(6)on its job, by delivering to the head of the lending staff ○○ (○○) who is unaware of the circumstances an additional agreement on a forged deposit loan transaction as if the agreement was duly made available;

B. On April 11, 2003, in the above No. 31, 2003 office, the agreement on the loan of self-reliance deposit in the name of 100 YO, which is believed to be genuine, was approved for the loan from the victim ○○ Agricultural Cooperative.

With respect to the withdrawal of KRW 38,493,643 through the deposit account in the name of the bank account, and the withdrawal of KRW 78,793,643 from that time to November 5, 2003 by taking advantage of the agreement related to loans in the name of Park○,○, as described in the above paragraph (a), including the withdrawal of KRW 38,493,643 through the deposit account in the name of the bank account, from that time to November 5, 2003, the withdrawal

2. Around August 25, 2003, when managing the bad debts fund at the above Nonghyup Office, arbitrarily transferred KRW 7,000,000, out of the bad debts fund under the business custody of the victim ○○ Agricultural Cooperative, to the account in the name of ○○○○, and then voluntarily withdrawn the bad debts fund, and then then used it for personal use from March 31, 2005 to March 31, 2005, as shown in the list of crimes in the attached Form (2), and embezzled it by arbitrarily withdrawing KRW 512,62,524, a sum of 53 times in total from that time until March 31, 2005.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. The written statement by each police officer on ○○○, ○○, and Gab○○;

1. A letter of accusation prepared by the head of the ○○ Agricultural Cooperatives Association; and

1. A letter of agreement on a self-reliance deposit loan, an additional agreement on a transaction of self-reliance deposit loan, and a copy of each statement of money;

Application of Statutes

1. Article applicable to criminal facts;

Articles 356, 355(1), 347(1), 231, and 234 of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

Judges

Judge Jin Jae-hun

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