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(영문) 인천지방법원 2014.06.19 2013고단4151

업무상횡령등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On February 2, 2012, the Defendant forged private documents: (a) issued a certificate of graduation from the E University to a person who was unaware of his/her name at a singing practice room for the management of a person who was unaware of his/her name (hereinafter referred to as “C”) in the Won-si, Seocheon-si, Seocheon-si, Seoul; (b) requested the Defendant to forge the certificate of graduation from the E University; and (c)

Accordingly, a person who has failed to obtain his/her name shall certify the above facts on February 14, 1987, and on February 16, 2012, under the title "A", "A" and "A" date of admission based on the certificate of graduation issued by the defendant: March 2, 1981; the department of business administration, department of major: Economic, and date of graduation: February 14, 1987; and affix the official seal of the president of E University next to that name.

Accordingly, the defendant, in collusion with a person who has lost his name, forged a letter of graduation, which is a private document about the certification of the name of president of the E University.

2. On February 2, 2012, the Defendant: (a) delivered one copy of a forged graduation certificate to H, as prescribed in paragraph (1), at the G office located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, as if it were a document duly formed.

3. The Defendant, in the course of occupational embezzlement, served as a managing director from January 3, 2012 to August 2012, and from September 3, 2012 to January 10, 2013, as a managing director, while working as a managing director in the victim company J, Inc., Ltd., Ltd., which was located in Kimpo-si, Kimpo-si, and as a person in charge of overall management of the business affairs of the victimized company, including management of business and employees, finance and accounting

Accordingly, the defendant was in the position of keeping the money owned by the victimized company in business for the above period.

On February 8, 2012, the Defendant: (a) withdrawn KRW 1,552,640,000 on February 1, 2012 on the part of the victimized Company’s office, which was deposited in the account of Kimpo Saemaul Treasury in the name of the victimized Company; and (b) was kept in the course of business for the victimized Company.