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(영문) 수원지방법원 안산지원 2015.03.10 2014고단2082
업무상횡령등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On July 9, 2014, the Defendant was sentenced to a suspended sentence of two years on the 17th of the same month at the Suwon District Court for the charge of forging Private Document, etc. and the said judgment became final and conclusive on the 17th of the same month.

【Criminal Facts】

1. The Defendant is a person employed by the victim D, who was in charge of the accounting of the E cooperative operated by the victim D in Ansan-si from August 21, 2013 to February 10, 2014, and engaged in the receipt and disbursement of funds and the keeping of accounts.

around September 7, 2013, the Defendant deposited KRW 37,650,000 in the above partnership office for the victim’s business by collecting KRW 860,000 from the sales price of the goods, including embezzlement by depositing it into the fund account of community credit cooperatives under the name of the Defendant. From around that time to February 3, 2014, the Defendant deposited KRW 37,650,000 in the same way over 23 occasions, as shown in the separate list of crimes, and arbitrarily used KRW 22,350,000 out of the sales price of the collected goods as living expenses, etc.

Accordingly, the Defendant embezzled a total of KRW 60,000,000.

2. The Defendant, who forged the private document or displayed the private document, demanded the victim to provide a security, who appears to have committed the crime of embezzlement, as described in paragraph (1), and had the victim arbitrarily prepared a real estate lease contract to provide it as a security;

On February 19, 2014, the Defendant: (a) prepared a real estate lease agreement in which the deposit amount is approximately KRW 40 million with H, the lessee’s spouse, and arbitrarily affixed H and I’s seal on the “real estate lease agreement” in the form of “real estate lease agreement,” which was downloaded on the Internet website by using a computer installed at the Defendant’s house located in Ansan-si G and 310; and (b) issued a forged real estate lease agreement to D, who is unaware of the forged fact in Ansan-si’s territory C at that time, as if the contract was duly completed.

The defendant has no authority for the purpose of exercising his authority.

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