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A defendant shall be punished by imprisonment for not more than ten months.
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
The Defendant embezzled the company funds in order to repay the debt, and was aware of the fact and received a demand for the bonds, and was able to receive the loan from the lending company with C with a certificate of the personal seal impression issued in the name of C living together with C as a joint and several sureties.
1. At around 13:30 on September 27, 2012, the Defendant: (a) stated “C” and “C” and “B” column in the “B” column for the purpose of exercising the authority; (b) forged one copy of C’s certificate of seal imprint, which is a private document concerning rights and obligations, by affixing C’s seal imprint voluntarily owned at C’s house; and (c) issued one copy of the certificate of seal imprint under the name of C, which is a public official in charge of issuing the certificate of seal imprint, to E, who is aware of the fact, as if the forged certificate of seal imprint was duly formed.
2. Around 15:00 on September 27, 2012, the Defendant: (a) stated that “C” and “C” and “B-2302” are the letter of delegation in the form of “a letter of delegation to delegate the authority to request the preparation of a notarial deed kept therein without authority for the purpose of exercising the said authority; (b) stated that “C” and “C” and “B-2302” are the letter of delegation in the name of “C” and, in other words, issued to the credit service provider I, who was aware of the said fact, a letter of delegation in the name of C, a private document pertaining to the rights and obligations by sealing the letter of seal impression; and (c) stated that the forged letter of delegation was duly formed.
3. On October 10, 2012, the Defendant entered false statements in the authentic copy of a notarial deed in the “K law office” located in the Busan District Court of Justice, and as if the power of attorney to prepare a forged notarial deed was duly formed as described in the preceding two paragraphs, the Defendant issued it to I and let I know of the fact.