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(영문) 대구지방법원 포항지원 2019.10.17 2019고단1027

사문서변조등

Text

The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 8, 2019, the Defendant was sentenced to imprisonment for two years with prison labor for occupational embezzlement at the port branch of the Daegu District Court on the part of August 8, 2019, and the judgment was finalized on the 17th of the same month.

【Criminal Facts】

The Defendant is a person who was in charge of accounting affairs at the Nam-gu Office of Management from July 1, 2016 to December 28, 2018.

1. Around August 10, 2016, the Defendant altered private document: (a) at the B apartment management office office, in order to arbitrarily withdraw apartment management expenses and use them for personal purposes, he/she had the intent to collect the withdrawal amount and submit it to the employees of the bank by adding the number in front of the withdrawal money table in the name of the president of the resident representative of the apartment unit and the managing director of the C bank; and (b) on August 10, 2016, the Defendant changed the withdrawal amount of the said withdrawal money to KRW 480,00,000 from KRW 480,00,000 from September 28, 2018, as indicated in the attached Table (1) in the same manner, to submit it to the employees of the bank.

Accordingly, for the purpose of uttering, the defendant modified the letter 39 of the withdrawn monetary statement in the name of the head of B apartment management office and the representative of occupants.

2. On August 10, 2016, the Defendant: (a) released KRW 2,480,00 from the employees of the said C Bank at the point of Filience of C Bank, who was aware of the forgery; (b) exercised the check of money altered under paragraph (1) as if the check was duly formed; (c) from that time until September 28, 2018, the Defendant used the check of money altered under the same method 39 times in total, such as the list of crimes (2) in the same manner.

3. The Defendant who forged a private document shall use the apartment management fee for an individual at the office of the B apartment management office around February 7, 2017.