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(영문) 창원지방법원 2018.12.19 2017고단4314

업무상횡령등

Text

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

Reasons

Punishment of the crime

1. The Defendant, at the office of “D” in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu and subparagraph B or C, thought that the Defendant borrowed the Defendant’s registered name as D representative director in the name of “D” and used it for personal use.

A. On September 10, 2015, the Defendant, at the above office’s around September 10, 2015, prepared a meeting minutes of the board of directors stating that D’s loans of KRW 100 million from the branch office of the Seongbuk Enterprise Center for the E Bank to the company’s general funds, and the name of the inside director F and G was arbitrarily stated and kept in advance.

F. G’s seal was affixed.

Accordingly, the defendant has forged the minutes of the board of directors, which are private documents on proof of facts for the purpose of uttering.

2) On September 10, 2015, the Defendant received a loan of KRW 100 million for general corporate funds from a branch office of the Seongbuk-gu E Bank Enterprise Center in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul, and submitted the forged meeting minutes of the board of directors to the employees in charge of loan who are aware of such circumstances.

B. On November 10, 2015, the Defendant, at the above office’s around November 10, 2015, prepared a meeting minutes of the board of directors stating that D’s loans of KRW 90,000,000 from the branch office of the E-W Enterprise Center at the E-W Enterprise Center of the Bank to the company’s general funds, and entered at will the name F and G in the company’s name and kept in advance.

F. G’s seal was affixed.

Accordingly, the defendant has forged the minutes of the board of directors, which are private documents on proof of facts for the purpose of uttering.

2) On November 11, 2015, the Defendant received a loan of KRW 90,000,000 from a branch office of the Sungnam Enterprise Center of the above E Bank in the name of D, and submitted a forged board of directors meeting minutes to the employees in charge of loan who knew of such fact.

2. The Defendant’s occupational embezzlement is serving as the representative director of the Victim D Co., Ltd. from January 15, 2015 to May 2017, and represents the said damaged company.