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(영문) 서울중앙지방법원 2016.08.25 2015고단4977
업무상횡령등
Text

As to the crimes No. 1. A. and the crimes No. 2 of the judgment, the defendant shall be punished by imprisonment with prison labor for 6 months and the remaining crimes of the judgment.

Reasons

Punishment of the crime

[Majority Relationship] On May 30, 2013, the Defendant was sentenced to a suspended sentence of two years for a term of imprisonment for fraud, etc. at the Seoul High Court, which became final and conclusive on November 4, 2013.

[2] On December 3, 2013, the Defendant operated the “A certified judicial scrivener office” under Article 702 of the Seocho-gu Seoul Metropolitan Government C Building, and was the representative director of D (hereinafter “D”) for real estate development business in the same place.

The Defendant, in collusion with wife E, committed the following crimes:

1. Forging a private document or uttering of a falsified investigation document;

A. On May 20, 2010, at the above D office, F, who is a director of D, arbitrarily prepared a copy of the board of directors, which is a private document in the name of D director F, with the effect that D, made a resolution to obtain a loan of KRW 100 million from D, Samwon Credit Cooperative without objection, and submitted it to the Samwon Credit Cooperative located in Daegu-gu, Daegu-gu, 248-6 on May 24, 2010 for use as a document related to the loan.

B. On March 5, 2014, at the above D office, D arbitrarily forged the “standard contract for private construction work contract” in the name of D representative director F in the name of D representative director with respect to the 5-story building located in North-gu G at the port of port owned by D, and submitted it to the public service center of the office on April 22, 2014.

(c)

On March 12, 2014, at the above D office, the D Office arbitrarily forged the “standard contract for construction product design” in the name of F representative director with respect to the 5th floor building of the 5th floor building located in North-gu G Office at the port, North-gu, Seoul, and the “Standard contract for construction product supervision” and submitted it to the Posito Civil Service Office at around that time.

2. On May 26, 2010, at the port of port owned by D on May 26, 2010, KRW 15,340,00 of the total amount of KRW 85,340,00, out of the loans of KRW 100,00 is deposited into the company free deposit account in the name of D and kept for business purposes, as shown in the list of crimes in the attached Table, during the period from May 27, 2010 to June 28, 2010.

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