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(영문) 서울중앙지방법원 2019.05.22 2019고합197
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for 13 years.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) served as the head of the finance management division of the victim C’s Korean branch office, the airline of B from March 2005 to August 2012, and was engaged in the business of managing the funds of the victim under the supervision of the head of the branch

However, the victim entered into an agreement with the E bank to deposit the victim's name with the above bank, but the amount of less than 16 million won can be withdrawn if the request for remittance signed by the defendant and D is submitted to the above bank, and the signature of the executive officer of the victim's head office was additionally required in order to trade the above amount.

Accordingly, the Defendant, without authority, arbitrarily written a written request for remittance to deliver the amount less than 16 million won to the account in the name of the Defendant, etc., and submitted it to the said bank to use the victim’s funds in mind after receiving the remittance.

On January 4, 2006, the Defendant entered “G”, “H”, “I”, “I”, and “W” column into the bank column into the recipient column of the application form for remittance stored in a computer at the above branch office located in the sixth floor of the Seoul Jung-gu Seoul Central District Office, and printed out the application form “674,000 won.”

In addition, a request for remittance was made to the effect that the defendant would pay the above amount to the H bank account in his name that he managed by means of copying the signature of D as stated in the existing true remittance request form and entering it in the output.

After that, the Defendant sent one copy of the remittance request that was forged at the above office by facsimile as if it were duly formed to the J of the said staff in charge of the above bank who knew of such fact.

Accordingly, the Defendant transferred KRW 674,00 to the H bank account in the name of the said G, and used the money for personal purposes, such as living expenses, at the time of the day in Seoul City.

The Defendant, including this, is also the defendant.

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