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(영문) 서울북부지방법원 2016.03.03 2015고단2730

업무상배임등

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

The defendant, as the head of C stone business department, is a person engaged in the business of importing stones used in the construction site of the victim company from China.

1. On September 6, 2013, the Defendant: (a) forged a private document; (b) forged a private document in the name of “E”, a private document document; (c) forged a document in the name of “E” with the appearance “300m2” in the volume column of “E” in the form of an official space without authority; and (d) forged a document in the form of “E” with the appearance of “6,000 dollars (total USD 6,000; USD 6,000; USD 6,000”; and (c) forged a document in the form of “E” with the appearance of “E” attached to the draft, stating that the document was duly formed with the representative director of CF; and (d) forged a document in the form of “E” with the appearance of the document; and (e) forged or altered the document with the appearance of “E” without authority until January 23, 2014.

2. In the event that the Defendant imports stone in China, he had a duty of care to ensure that the Defendant would not cause damage to the victim company by remitting the price of the stone actually imported from Co., Ltd. (hereinafter “victim Co., Ltd”) to the trading company after sufficiently examining the e-mail, straws, stalking list, etc. received from the Chinese export business entity, and identifying the price of the stone actually imported.

Nevertheless, Defendant 1 violated the above duties and thereby, the victim company imported stones equivalent to USD 16,233.96 around October 25, 2013 from China, but forged or altered as stated in paragraph 1.