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(영문) 대구지방법원서부지원 2020.09.09 2019고단377

횡령등

Text

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

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

Reasons

Punishment of the crime

The defendant had a certificate of the personal seal impression, a seal imprint, a passbook, etc. under B's name to assist the business of B, and had a seal imprint, a passbook, etc. to use the K7 car owned by B temporarily, with the intention of forging documents in the name of B to embezzled the said car.

1. On February 5, 2018, the Defendant forged a private document: at the Defendant’s office located in Daegu-gu, Daegu-gu, by means of a computer, “(Delegation) vehicle number: D, name K7, and the present owner B, from February 5, 2018, delegate the above authority to the said vehicle from February 5, 2018: B: B (hereinafter referred to as “vehicle sales contract”): The name of the delegated person: The number of the vehicle: B: B: B; B; B; B; B (hereinafter referred to as “vehicle operator’s clerical error); B; B; B; B; B; B; B; B; B; B; and B; and B, with the intent to exercise the said vehicle’s right and duty on the said vehicle by December 5, 2018, signed a letter of delegation on the said vehicle under the name of B: B:20,000 won, and B; B, without the said consent of B:20,000 won, on the said vehicle, by December 5, 2018.

2. Uttering a falsified investigation document;

A. A. On February 20, 2018, the power of attorney, the Defendant: (a) set the said K7 car to E at a place not exceeding Daegu around February 20, 2018; (b) granted the power of attorney in the name of counterfeit B; and (c) delivered the car sales contract to E as if the contract was duly formed.

B. On October 26, 2018, the Defendant’s written consent to vehicle operation (e.g., siren) was investigated on the charge of embezzlement for the said K7 car at the police station’s investigation and the economic2 team’s office located in the Seo-gu Incheon Metropolitan Government 2-dong on October 26, 2018, and was investigated by B on the charge of embezzlement for the said K7 car.