2017Gohap766 Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)

A

Cho Jae-ra (Lawsuits) and Kim Jong-bak (Trial)

Attorney B (Korean National Assembly)

August 31, 2017

A defendant shall be punished by imprisonment for six years.

Criminal facts

The defendant entered the victim C (hereinafter referred to as the "victim C bank") in around 1980 and worked as the person in charge of the party loan business at the victim bank located in the Seoul metropolitan branch in Jung-gu Seoul Metropolitan Government from July 6, 1995 to November 2, 1998 and was in charge of the establishment, management, entry and withdrawal of current account transactions.

Around that time, the Defendant received the proposal that “I would like to embezzled and leave bank money to B and make stock investments. If a profit comes into existence, then I would like to divide it.” While the bank was established, I would like to issue the check of cash and then again embezzled money from the account of F and G of F Co., Ltd. where there is almost little monthly obligation, I would like to deliver it to E in order to make a stock investment by issuing the same face value check from the separate account of the victim bank, and again, I would like to make a stock investment by issuing the same face value check.

At around 10:00 on April 17, 1998, the Defendant requested from the victim bank that “The amount of 1 billion won per face value shall be issued and changed.” On April 17, 1998, the Defendant offered that “The amount of 1 billion face value per face value per face value issued from the above party’s account shall be issued by the victim bank, and then, on April 17, 1998, the Defendant embezzled the above number of 1 billion face value per face value per face value issued from the above party’s account, issued by the victim bank at around 12:00, and then deposited the above number of 1 billion face value in the victim bank’s separate account, and then withdrawn the same amount of 1 billion face value by issuing one cashier’s checks (number J) at face value, and embezzled it on April 17, 1998 to E by issuing the above number of checks to the victim bank.

Accordingly, the Defendant, as seen above, embezzled a cashier’s check amounting to KRW 1 billion in face value, and embezzled a total of five times from April 17, 1998 to November 2, 1998, as indicated in the list of crimes, 5 cashier’s checks equivalent to KRW 6.1 billion in total, in the name of stock investment, etc., as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement to K;

1. Each police statement concerning L;

1. The accusation book, the details of accidents, the copy of the statement of each unit (F), the front, rear, copy of the comprehensive check, the inquiry of transaction records (F, G), the check of account records (F, G), the adjustment of the results of account tracking, CEmbezzlement cash flow, KRW 1.9 billion deposited in substitute securities, the deposit of KRW 1.9 billion deposited in substitute securities and the flow of stocks, the deposit sheet at the beginning and branch offices of securities, the status of personal entry, the decision;

1. A copy of each statement of transactions and written application for transactions of each financial institution (Evidence Nos. 44-84);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 3(1)1 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Amended by Act No. 11304, Feb. 10, 2012); Articles 356 and 355(1) of the Criminal Act (generally, choice of limited imprisonment)

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not less than five years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] Type 4 (not less than 5 billion won but less than 30 billion won)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of not less than four years but not more than seven years (Basic Area)

3. Determination of sentence: Six years of imprisonment;

Around 198, the Defendant, who is an employee of the Victim Bank, embezzled approximately KRW 6.1 billion in partnership with E for the purpose of increasing personal property, and left Korea to a foreign country with a risk of being dismissed from committing the crime, and was living for a period of 20 years or more. Damage suffered by the Victim Bank is rarely recovered up to the present, and it is not likely that additional recovery may be achieved in the future. In the absence of the Defendant, who is the working-level manager of the party loan business of the Victim Bank, the instant crime could not be committed. The instant crime was a serious crime that could have caused the financial deficiencies of the Victim Bank at the time in light of the embezzled amount, and thus, it is inevitable to punish the Defendant with severe penalty corresponding to the liability for the relevant crime.

However, most of the embezzled money brought about by E, an accomplice, or used for investing in stocks, and the money that the Defendant acquired on his own appears to have been a considerable amount of KRW 00 million in light of the total amount of embezzlement. The Defendant did not have any particular criminal history other than fines, while staying in a foreign country, was present at the investigative agency and was tried for a crime of this case after having returned to the Republic of Korea. Such circumstances are favorable to the Defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, environment, motive, means and result of the crime, the circumstances after the crime, etc., shall be determined as the sentence as ordered.

The presiding judge, the highest judge;

Judges of the High Instance

Judges Kim Dong-dong

A person shall be appointed.

A person shall be appointed.