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(영문) 서울중앙지방법원 2017.08.25 2017고합567
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. From June 5, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) served as the director of the fund team at the victim D Co., Ltd. located in Gangnam-gu Seoul Metropolitan Government, and was in charge of managing the company fund and its account.

While the Defendant managed the Company’s funds through the NH Investment Securities Account for the Victim Company, the Defendant transferred KRW 4,005,562,822 of the Company’s funds deposited in the said account to the Defendant’s name of the Defendant’s National Bank Account at around April 5, 2017 in order to use them for personal purposes, such as stock investment, personal debt repayment, etc., in mind, and immediately transferred the said funds from the said account to the Defendant’s name of the Defendant’s National Bank Account.

2. In order to prevent the occurrence of a crime as referred to in paragraph (1), the Defendant of a private document from forging a balance certificate of the NH Investment Securities Account and keep it in the company office. On May 2017, the Defendant of a private document forged a balance certificate, customer name D, account number F, 2017-05-0209:35:01 of the date of issuance, 2017-04-30 of the base date, 22,859, 701, 290 of the total balance, and 1 balance of a GMDA institution located in Gangnam-gu Seoul Metropolitan Government Office of the Victim’s Funds Team located in Gangnam-gu in Seoul on the first time.

10,000,000,000, 10,016,438,356, the balance in the above account is the same as that set forth above;

After indicating the NH Investment Securities representative director, the said representative director added seals and printed out them on the side of the above representative director.

Accordingly, the Defendant forged one copy of the balance certificate in the name of NH investment securities, which is a private document on the proof of facts for the purpose of exercising.

3. On May 2017, the Defendant, at the early time, posted a copy of the forged balance certificate to the staff in charge of managing the balance certificate of the victim company, who is aware of the forged fact at the above fund team office as set forth in paragraph 2, as the Defendant was duly formed.

Accordingly, the defendant is a private document on the certification of forged facts.

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