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(영문) 울산지방법원 2014.07.18 2014고단380
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

From January 207 to May 3, 2012, the Defendant: (a) was in charge of the Diplomatic Office’s accounting operated by the victim C in Ulsan-gu, Ulsan-gu from around January 2007 to May 3, 2012; and (b) was engaged in the business of receiving fees that the victim received as an agent for customs clearance from the transaction company by transferring to a passbook, etc. in the name of the victim and keeping them in custody and disbursing for various necessary expenses; (c) voluntarily withdrawing and embezzled the above fees, etc.; and (d) applied for a loan under the name

1. On February 18, 2011, the Defendant arbitrarily released KRW 601,205,00,000,000,000 from the above office to the foreign exchange bank account (Account Number E) opened in the victim’s name, and used it for private purposes, from around that time to May 2, 2012.

Accordingly, the defendant embezzled the property owned by the victim while he has kept it for business purposes.

2. On April 24, 2012, the Defendant used computers, etc.: (a) had access to the said office’s Internet Nonghyup site using a computer without C’s permission; and (b) had access to C’s name, resident registration number, amount of loan, etc. as if C applied for a loan; and (c) had been loaned KRW 36,09,138 by a passbook in the name of C in the name of the Defendant.

Accordingly, the defendant acquired financial benefits equivalent to the same amount by inputting the information without authority into the information processing device, such as computer, etc.

3. On May 2, 2012, the Defendant who attempted to commit fraud using computers, etc., is named C at a new bank site on the Internet without C’s permission, using computers at the above office.

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