beta
(영문) 대전지방법원 2012.07.12 2012고단1757

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

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

1. Around November 9, 2011, the Defendant received monetary deposits from the victim D, known to him/her, in relation to the lawsuit seeking the return of the lease deposit for the D-owned building, from the said D, and stored KRW 17,192,220 as the deposit money in the name of the Defendant’s agricultural bank account (E) under the name of the Defendant.

During that month, the said money was consumed voluntarily for personal purposes, such as the Defendant’s repayment of debt, and embezzled it.

2. On December 201, 201, when the Defendant was demanded to produce a certificate of deposit of the said money from the said victim, the Defendant had the intent to forge the money deposit in the name of the deposit officer in the Daejeon District Court for the purpose of evading the Defendant’s embezzlement, and requested the Daejeon District Court to forge the money deposit in the name of the deposit officer in the name of the Daejeon District Court, and had the seal affixed to the name of the deposit officer in the name of the Daejeon District Court near Seosan-dong, Daejeon District Court.

On December 2, 2011, the Defendant without authority for the purpose of exercising at the said C attorney-at-law office, and affixed a seal on the money deposit document “F of the Daejeon District Court depository” and “F of the Deposit Money Depository (Deposit Money Depository)”, each side of the name of the respective “F of the Deposit Money Depository”.

Accordingly, the defendant, who is an official document, forged a statement of money deposit in the name of the deposit officer in the Daejeon District Court, F.

3. On the same day as the above 2.1, the Defendant presented the forged money deposit money to the victim as if the victim was duly formed in the “H party room” in the “Y party room in the operation of the Y party branch located in the Yng-si, Yng-si.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written request for commencement of investigation;

1. Application of Acts and subordinate statutes of each investigation report;

1. Articles 356, 355 (1), 255 and 229 of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.