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(영문) 의정부지방법원 2016.02.16 2014고단4226

업무상배임등

Text

A person shall be punished by imprisonment with prison labor for three months for a crime of fraud in the judgment of the defendant, and two years for the remaining crimes in the judgment.

Reasons

Punishment of the crime

The defendant was sentenced to imprisonment with prison labor for six months at the Seoul Northern District Court on April 24, 2013 and two years of suspended execution for a crime. The defendant was sentenced to imprisonment with prison labor for six months at the Seoul Northern District Court.

5.2 The judgment became final and conclusive.

【Criminal facts】 The Defendant was engaged in the management of the vehicle owned by the victim leased to another person while operating the reservation lawsuit of the victim Crenk Co., Ltd. in the Namyang-si District.

1. Forging a private document;

A. On February 28, 2014, at the Nowon-gu office located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, the Defendant: (a) sold the 11 vehicle registration number E, F, G, H, I, J, K, L, M, N, andO-O-owned vehicles owned by the victim; (b) received the price, but failed to deliver the said vehicle to D; (c) failed to deliver the said vehicle to D; (d) failed to request the delivery of the said vehicle or the return of the vehicle price; (e) had the obligee D to establish a collateral security on the said vehicle; and (e) had the obligee and the debtor column “D”, written in the mortgagee column of the application form for the registration of a mortgage on a vehicle kept there, and affixed his/her seal impression at his/her discretion after receiving the payment in advance from the victim.

For the purpose of exercising, the Defendant forged an application form for registration of a car mortgage in the name of the victim, which is a private document on rights and obligations.

B. When preparing the power of proxy for the establishment of the right to collateral security at the same date, at the same time and place, the Defendant stated “D” in the column of the truster and creditor and the mortgagee, and “Crenk” in the column of the lender and the mortgagee of the right to collateral security, and affixed his seal impression to the victim who was issued in advance.

For the purpose of uttering, the Defendant forged a letter of delegation on the establishment of mortgage in the victim's name, which is a private document on rights and obligations.

2. The Defendant is entitled to exercise the above investigation document on the same date as the preceding paragraph.