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(영문) 대구지방법원 포항지원 2016.12.08 2016고단1155

업무상횡령등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On November 25, 1991, while the Defendant was operating a service organization called “C” from around 1984, he discovered and protected the victim D (Grade 55, intellectual disability 2, and hearing disability 5) who had been living for the elderly, and was appointed as a legal guardian of the victim in the Daegu District Court racing support on June 28, 2004, and was engaged in the management of the victim’s pension, livelihood benefits, etc.

From February 11, 2008 to December 15, 2015, the Defendant embezzled the Defendant’s vehicle purchase cost, living cost, etc. for voluntary consumption at around 18 times while receiving the transfer of housing benefits equivalent to KRW 53,101,780 in total, living expenses, basic benefits for disabled persons, etc. from the Myeon Office, etc. in the name of the victim from the Myeon Office, etc. in the north-gu E-Myeon Office, North Korea at Port, etc. (F, G, and H).

2. On May 2015, the Defendant: (a) requested a public official in charge of the viewing and viewing of racing to submit a detailed statement of expenditure, such as pension for persons with disabilities; (b) forged the name of the first person hospitalized in a hospital due to dementia; (c) purchased the first house equivalent to KRW 25 million from the seller I; and (d) prepared a sales contract for real estate as if he/she purchased the house from D, and submitted it to the public official in charge of welfare.

On May 2015, the Defendant prepared a house sales contract for the prefabricated-type building 24 square meters of the prefabricated-gu north-gu, Ulsan-si, the north-si, by using a computer at the defendant's house located in the jurisdiction of the North-gu, Ulsan-si, and entered the date in the column as "No. 10, 2014" and "No. 1, the seller's column as "No. 1, 201", and entered the buyer's column as "No. 1, 200, Ma and name D" and affixed an I seal that was kept in advance subsequent to the buyer's column.

Accordingly, the defendant, for the purpose of uttering, forges a house sales contract in the name of the I, which is a private document concerning rights and duties, and around that time.