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(영문) 대전지방법원 2018.05.10 2016고단3722

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who works for the victim C Co., Ltd. from April 2014 to August 2014, and engaged in the business of entering into a contract for the construction of urban gas using facilities and receiving the price thereof.

Around July 2014, the Defendant concluded a contract for the construction of urban gas-using facilities in the name of the victim in the name of the victim E from Chungcheongnam-gun, Chungcheongnam-gun, and embezzled at will a total of 5.9 million won through a total of six times from around that time to November 19, 2014, including the receipt of 300,000 won as down payment in stone, and arbitrarily consumed it.

2. The Defendant: (a) concluded a contract for the construction of urban gas-using facilities under the name of C Co., Ltd.; and (b) intended to forge a contract by means of entering the deposit account under the said construction contract in order to directly receive the construction cost without deposit with the said company.

Around September 15, 2014, the Defendant entered into a construction contract for urban gas facility use facilities with G from the Danam Budget-gun F, and made an indication of X on the part in the construction contract form “CF” using Y, and made an entry of the Defendant’s wife name and account number on the top of the above construction contract form, and signed a construction contract with the Defendant “CF I and J” on the name attached to the name named “CF”, and then issued the said G with the seal affixed by the CF at the same address, namely, around November 13, 2014, after entering into the construction contract with L, M, and N, respectively, according to the above method.

Ultimately, for the purpose of exercising rights, the defendant has forged four chapters of the construction contract in the name of C Co., Ltd., a private document on rights and obligations, and exercised them respectively.

3. Fraud;

A. The Defendant is the Victim C Co., Ltd. at a place where it is impossible to identify a police officer at the early August 2014.