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(영문) 인천지방법원 2017.08.24 2017고단3807

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. From February 2, 2015, the Defendant engaged in the supply and collection of fishery products as an employee of E operated by the victim D in Jongno-gu Seoul Metropolitan Government (Seoul Jongno-gu) from February 2, 2015.

around February 2, 2015, the Defendant spent 38,095,000 won in total on 135 occasions from around February 2, 2015 to around October 3, 2016, for personal purposes, such as using money for gambling as gambling in Incheon InternationalJ, and used 18,000 won in total as gambling funds and personal living expenses.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant: (a) intended to forge a transaction statement that supplies and receives goods from a customer to conceal the embezzlement as described in paragraph (1); (b) around March 3, 2016, at E offices located in Jongno-gu Seoul Metropolitan Government, received delivery of an amount of 219,000 won, etc. from the E office located in Jongno-gu, Seoul; and (c) at the present, signed the transaction statement to the effect that the balance is KRW 30,03,000 with a certified pen to the effect that the content thereof is true, and forged the transaction statement from the above date to September 24, 2016, 17 times in total, as shown in the attached Table 5 of the List of Crimes, from around September 24, 2016.

Accordingly, the defendant, for the purpose of uttering, has regulated the chapter 17 of the transaction statement in the name of G, K, L, and M, which is a private document on the proof of facts.

3. The Defendant at the E office located in Jongno-gu Seoul Metropolitan Government around March 3, 2016, submitted a forged G name transaction statement, as described in paragraph 2, to E representativeD who knows the fact, and as well as, during the period from the above day to September 24, 2016, completed 17 Chapter 17 of the forged transaction statement, such as [Attachment Table 6] list of crimes.