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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
"2016 Gohap 666" Defendant is a person who has an office from March 2003 to be engaged in the sale and lease business of electronic measuring instruments under the trade name of E with the office set forth in D 213 from Seongbuk-gu, Sungnam-si.
1. Around March 17, 2011, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (Embezzlement) of the Defendant’s office to lease one electronic measuring instrument (8753ES 6GHZ, MY40034) from the victim FF Co., Ltd. to KRW 400,000 a monthly rent of KRW 400,000 for the victim. On January 4, 2012, the Defendant arbitrarily sold the said electronic measuring instrument at the above office to G with KRW 18,150,00 and consumed the sales proceeds for personal purposes, such as personal debt, etc. at that time. From that time to January 15, 2016, the Defendant arbitrarily sold the electronic measuring instrument equivalent to KRW 58,483,80,00 for the said personal purpose and consumed the sales proceeds for that personal purpose.
Accordingly, the defendant embezzled the victim's property.
2. On April 2016, the Defendant, the representative director of the FF corporation, expressed his/her intent to use the confirmation document in the name of the existing trading company for concealing the embezzlement, such as Paragraph 1, by forging and using the verification document in the name of the existing trading company for the purpose of hiding the embezzlement.
A. On April 21, 2016, the Defendant: (a) forged a private document 1) on April 21, 2016, using a computer in the foregoing office to the title “A4”; (b) forged a copy of the confirmation document in the name of the Plaintiff, a private document, in the name of the representative director of the Plaintiff, for the purpose of using the computer in the name of “A4”; and (c) forged a copy of the confirmation document in the name of the Plaintiff, a private document, in the name of the Plaintiff, which is a private document, for the purpose of using the personal seal in the name of the representative director of the Plaintiff.
2) continue to exist.