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(영문) 대전지방법원 서산지원 2017.06.14 2016고합40
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. The Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) from around 2005 to June 7, 2015, was in charge of managing the church finance as a person in charge of the accounts of the victim C church from around 2005 to who was engaged in managing the church finance, and when a large loss of property was incurred due to stock investment, he/she had been in charge of managing the church finance at his/her discretion.

On January 8, 2008, the Defendant embezzled KRW 36,305,753 of the church operation fund created through the contribution, etc. of the victim church at the head office of the Jinjin-gu, Jinjin-gu, Seoul, 179, by depositing the said money to the Defendant’s account (Account Number D) with the Korean Securities Company’s connected account (Account Number E) in the name of the Defendant during the course of carrying out business for the victim church, from that time until June 4, 2015, by consuming the said money for personal investment purpose by transferring it to the Defendant’s account of the Korean Securities Company in the name of the Defendant. In addition, from that time to June 4, 2015, the Defendant embezzled KRW 920,05,383 in total at 122 times in total as shown in the list of crimes (1) in the same manner as in the list of crimes.

2. Forgery of private documents and the uttering of a falsified investigation document;

A. On July 23, 2009, the Defendant entered “450,000,000” in the column of “public facilities” and “450,00,000,00” in the column of credit subject (type) in the form of a letter of credit transaction agreement for the company at the head office of the Jin-gu, Jin-gu, Jin-gu, Jin-si, Jin-gu, Seoul, 179, in the form of the letter of credit transaction for the company, using a tample-type flaf in the form of the letter of credit transaction for the company, and kept in advance at the name of G.

A letter of credit transaction agreement for a company in the name of G, which is a private document concerning rights and obligations, for the purpose of uttering a seal of G, is forged from that time to that of April, 2014, and the letter of private document on rights and obligations for the purpose of uttering at least 11 times in total, such as the copy of the attached list of crimes, at the same time from that time until the end of April 2014.

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