2013 highest 1008 Business Embezzlements, private electromagnetic records, etc.

Events

○○○ Kim (64******* 13****** *), non-permanent workers

Not more than a substantial area in the residential Cheongju City;

2. Omission below the main sentence in the case of the principal place of registration

No. 554, Dec. 1, 200

Attorney Park Do-young (Korean National Assembly)

June 14, 2013

A defendant shall be punished by imprisonment for not less than one year and six months.

Criminal facts

From February 16, 2011 to February 20, 2013, the Defendant was engaged in accounting and settlement of accounts, review of accounts and receipt and disbursement of funds, and management of passbooks of the company as the deputy head of the Korea Land and Housing Corporation (LH) Special Headquarters management support division of the Korea Land and Housing Corporation (LH) Special Headquarters management support division located in Sejong Special Headquarters 160, Sejong Special Self-Governing City, Sejong Special Self-Governing City. The Defendant withdrawn funds to be paid to the Public Procurement Service several times from August 16, 2012 to January 22, 2013, and used the funds for personal purposes. As a result, the Defendant accumulated the funds that were not paid to the Public Procurement Service. After entering the accounting resolution and using it on a large scale, some of the funds were paid to the Public Procurement Service and consumed for personal purposes, such as stock investment, etc.

On January 28, 2013: around 00, at the office of the Korea Land and Housing Corporation (LH) Special Headquarters's management support division (LH) located in Sejong Special Self-Governing City, Sejong Special Self-Governing City, the Defendant access the above company's financial information system to the above company's computer without authority for the purpose of handling administrative affairs, and "the proposer: Kim ○, YO department: management support for Sejong Special Headquarters's management support: payment of materials: 3-3 living rights and 4-1 living rights and 4-1 living rights and 212, 652, 840 won: The payment office: the Daejeon Local Government Procurement Service; the payment office; the notice; and the request for withdrawal; and (i) the above financial information system's management support division, which is the above financial information system's management support division, by entering the above financial information system in the name of the head of the Korea Land and Housing Corporation; and (ii) the above financial information division's management support division, which is the above financial information manager.

The Defendant continued to use the above financial information system to transmit one copy of the accounting resolution, which is an electronic records, as seen above, to the employees of the Korea Land and Housing Corporation (LH) in charge of the financial support division for the management of the head office of the Korea Land and Housing Corporation (LH) located in 172, Seongbuk-gu, Sungnam-gu, Seoul

2. 업무상횡령 제1항과 같이 위작된 회계결의서를 전송받은 피해자인 한국토지주택공사 ( LH ) 의 본사 경영지원부 재무처 담당직원은 이를 심사한 후 2013. 1. 29. 오전경 위 회계결의서에 입력된 바와 같이 3 - 3생활권 및 4 - 1생활권 사업 관련 자재대금 지급 명목으로 212, 652, 840원을 피고인이 관리하고 있는 위 세종특별본부의 계좌 ( 317 - 0001 - XXXX - 51 ) 로 송금하였다 .

At the above temporary closure, the Defendant confirmed that KRW 212,652,840 was deposited in the management support department office of the Sejong Special Headquarters, as above, and then, the Defendant posted the certificate of withdrawal of deposit to the relevant account through the staff in charge of the company seal management and affixed the seal for the transaction of the head of the Tong on the following day: 10:50, 50, the Defendant presented the certificate of withdrawal to the bank employee at the NH (NH) No. 212,652,840, as above, to the 142-Gu, Sejong Special Self-Governing City, Sejong Special Self-Governing City (NH).

As above, while the Defendant kept 3-3 living sphere and 4-2,652,840 won in custody on behalf of the victim for the payment of material costs related to one living zone business, 137,00,480 won, which was paid by the victim as above, was used in settling the payment that the Defendant had previously consumed for personal consumption and failed to pay to the Public Procurement Service, and the remaining 75,652,360 won was consumed at will, such as consuming for personal use such as stock investment.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of Kim Jong-tae;

1. A written accusation, a copy of each accounting resolution, a statement of transactions, and each investigation report (the details of the utilization of public funds, the details of the agricultural bank account transactions, the procedures for allocating funds of the Korea Land and Housing Corporation, and confirmation of department

Application of Statutes

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

(a) Compact electronic records, etc.: Article 232-2 (Selection of Imprisonment)

(b) Uttering electronic records, etc.: Articles 234 and 232-2 of the Criminal Act.

(c) Occupational embezzlement: Articles 356 and 355 (1) of the Criminal Act.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

The punishment is inevitable because the criminal liability of the defendant for the crime of this case is heavy, and the damage recovery measures are taken completely. However, it is inevitable to punish the defendant as ordered, considering the following as a whole: the defendant's mistake is committed by both the defendant and the defendant is divided; there is no record of criminal punishment; the victim's identity and character, intelligence and environment; the victim's request for guarantee insurance policy and compulsory execution against the defendant's property; and the damage seems to be considerably recovered from the damage caused by the defendant's age, character and behavior, intelligence and environment; the motive, means and consequence of the crime; and other various sentencing conditions specified in the arguments of this case, such as

Judges Lee Yong-soo