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(영문) 서울동부지방법원 2013.05.01 2013고단94
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from around 2002 to September 2010, was a person who was in charge of the management and execution of membership fees, while serving as a general secretary and auditor of the victim Ddong-gu Seoul Special Metropolitan City Council for the promotion of friendship among the members.

1. The Defendant, from around 2002 to 60 members of the Diplomatic Association, deposited and managed monthly membership fees in the bank account in the name of the Defendant in the name of the Korea Bank (Account Number E, etc.). On July 2, 2007, the Defendant voluntarily withdrawn 1,000,000 won in cash deposited in the said account from the Korea Bank located in Seoul and used it as the expense of the F (State) operated by the Defendant.

As such, the Defendant embezzled total of KRW 100,048,340 by the same method over a total of ten times as indicated in the separate crime list between around that time and around August 26, 2011.

2. The Defendant had the intent to modify the details of the membership fee management passbook in order to conceal the fact that he embezzled membership fees while managing the membership fees of the members of the Diplomatic Association.

On February 9, 2010, the Defendant changed the private document: (a) around February 9, 2010, at the cafeteria-ro 2, Yongsan-gu, Yongsan-gu, Seoul; (b) opened the passbook (Account Number G) opened in the name of the Defendant in the name of the person in charge of the deposit; (c) opened the passbook in the name of the Defendant; (d) opened the passbook in the name of the Defendant; and (e) requested the applicant to manipulate the details of the deposit and the balance; and (e) on the transaction of the passbook, the Defendant entered the amount of the passbook in the name of the above bank into the “30,000,000 Won (Won 30,000,000 Won) and 30,000,000 Won (Won 20,500,000 Won)” using the computer.

Accordingly, the Defendant modified the details of the passbook transaction in the name of the bank without authority, which is a private document related to rights and obligations for the purpose of exercising in collusion with the person with no authority

B. The Defendant of an altered private document shall be deemed to have served on the following grounds:

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