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(영문) 서울동부지방법원 2020.10.15 2020고단2239

업무상횡령등

Text

A defendant shall be punished by imprisonment for six months.

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 December 15, 2016 to July 31, 2019, the Defendant, as the managing director of C, a non-corporate body located in Gwangjin-gu Seoul Special Metropolitan City, has been in charge of the management and disbursement of commercial buildings, construction entrustment, and payment of construction cost.

1. Forgery of private documents related to D E and uttering of falsified investigation documents;

A. On February 5, 2018, the Defendant entered “3,802,00” and “E” into the total column of transaction date by using a computer in the form of a statement of transaction stored in the F Management Office located in Seoul Special Metropolitan City, Gwangjin-gu, and then printed out the seal image affixed on the previous quotation submitted by E in his name, and then printed out it by placing it on the front side, and around February 6, 2018, the Defendant entered the forged statement of transaction into G, the manager of the above commercial building, who is aware of the forgery, as seen above, into the service date column of transaction date by using the computer.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the specification of trading in the name of DE, which is a private document on rights and obligations, and exercised it.

B. On March 3, 2018, the Defendant entered “2,115,00” and “E” in the aggregate column of “2,15,000” and “E” in the transaction date column as seen above in the above management office’s transaction date column, “D” and “E” in the supplier’s column, attached the seal image affixed on the previous quotation submitted by E in his/her name and printed it out, and around March 4, 2018, the Defendant stated that he/she completed the forged transaction statement to G, the manager of the said commercial building, who is aware of the forgery, as if he/she duly formed the forged transaction statement.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the specification of trading in the name of DE, which is a private document on rights and obligations, and exercised it.

2. Forgery and display of private documents related to HI and private documents;

A. On November 11, 2018, the Defendant has a substantial effect in the management office H.