beta
(영문) 대전지방법원 2015.10.28 2015고단3204

업무상횡령등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

1. Around August 24, 201, the Defendant prepared a private document based on qualification appearance and its event at the office of the company D, Inc., Ltd. located in Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, stating that the Defendant was not the representative director D, and the Defendant was authorized by the representative of the company to perform the 10,097,000 won in the form of the Daejeon Jung-gu E urban gas pipeline construction using a computer without authority for the purpose of exercising his/her authority despite the fact that the Defendant was not the representative director D, and was delegated any authority to do so, and then issued the document as if he/she completed the contract specifications as described above to F, the owner of the building of the company, Jung-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, as if he/she were genuine.

Accordingly, the defendant, with the intention of exercising his authority, prepared a document on rights and duties with the qualification of another person, and exercised it.

2. Occupational embezzlement;

A. The Defendant, while serving as the head of D, engaged in the management of performance and the collection of construction cost.

On August 24, 2011, the Defendant: (a) transferred KRW 2.1 million under the name of the construction cost for urban gas pipeline works from the above F, a building owner of the Daejeon-gu Multi-Family Housing; (b) received KRW 2,00,000 from January 5, 2012; and (c) embezzled the same at will by using the cost of living expenses, etc. around that time while being kept for the victim D.

B. On May 13, 2013, the Defendant: (a) received KRW 1,00,000 from H, the owner of a multi-household building G, as the construction price; and (b) received KRW 1,400,000 from the 14th day of the same month, and embezzled it at will by the Defendant, while being kept for the victim D.

C. On May 21, 2013, the Defendant stated that the facts charged in the facts charged are “ around August 28, 2015,” and it is “ around August 2013, 2013,” but it is “ around August 28, 2013,” which is “ around August 28, 2013.”