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(영문) 창원지방법원 마산지원 2014.03.05 2013고단891
업무상횡령등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around April 3, 2013, the Defendant: (a) concealed the fact that the Defendant is running in a studio in Changwon-si, Masan-si, C403; and (b) gathered that the Defendant would be employed as a seafarer by E-owner F; (c) displayed the Defendant’s identification card in possession; (d) the Defendant voluntarily stated the name, resident registration number, address, and telephone number in the column of the job seeker’s column and the borrower’s column of the receipt sheet; and (d) signed the employment contract.

Accordingly, the defendant, in collusion with B, forged each of the labor contract and receipt in the name of D, a private document related to rights and duties for the purpose of exercising them.

2. Around April 3, 2013, the Defendant and B conspired to use the above investigation document as if the Defendant were a document duly formed by signing one of the forged employment contract and receipt, respectively, to F, who was aware of the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. The statement of each police officer made to F and G;

1. Written reply of D;

1. Application of Acts and subordinate statutes on employment contracts and receipts prepared in the name of D;

1. Relevant legal provisions concerning criminal facts: Articles 231, 234, and 30 of the Criminal Act;

1. Concurrent concurrence: Articles 40 and 50 of the Criminal Act;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

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