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

Punishment of the crime

The Defendant, while holding office as the managing director of the Company B, has borrowed money from Company C, the owner of the company, using the corporate sense of the said Company, in the name of the company.

1. Around March 201, the Defendant forged a private document and the uttering of the falsified Private Document stated “a tea certificate” on the company C using a computer at his office located in Yongsan-gu and 2, Yongsan-gu, Seoul, and stated in the main text of “B” as “a loan with a short term loan of 3 months on March 21, 2000, and then borrowed 20 million won on the short term loan of 3 months,” stating “B representative E” at the end, and affixed a seal of the said company on the name next to the said name.

Accordingly, the Defendant forged one copy of the loan certificate in the name of the company, which is a private document on rights and obligations.

In addition, as indicated in the attached list of crimes, the Defendant: (a) forged four copies of private documents in the name of the above company from around that time to December 7, 201; and (b) exercised each of the above documents by sending them by mail as if they were genuinely formed with the above C around that time.

2. On March 2011, the Defendant presented a false statement to the victim C, stating that “If a company lends a short-term loan of KRW 60 million to a short-term company, it would repay all of the loans on June 21, 2011,” at a non-police place, the Defendant presented a loan certificate under the name of the said company.

However, in fact, the above money was not the company, but the defendant borrowed the money personally required, and the certificate of borrowed money in the name of the company was forged as mentioned in the preceding paragraph.

The Defendant, as such, by deceiving the victim, received KRW 60 million from the victim on the 21st of the same month, using the “F” account in the name of the Defendant’s bank account in the name of the said company as the borrowed money.

3. The Defendant, in occupational breach of trust, is serving as an outside director of the victim corporation B from January 201 to May 201, and mainly conducts the construction business.