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(영문) 의정부지방법원 2015.11.10 2014고단1203
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who operates C at both weeks, as a flexible processing and sales business chain in B.

1. Around August 20, 2013, the Defendant, at the above C office, delayed payment of approximately KRW 200 million in the amount of the goods payment obligation to the victim Daechix, a customer, and C, and C transferred the total amount of KRW 45,354,930 to the victim amounting to KRW 45,35,354,930, which is held by four companies, including D, the Dispute Settlement Council, E, and F. However, by a special agreement, the Defendant directly collected the claims from the above four companies for the victim and entered into an assignment of claims with the content that the collection amount is immediately granted to the victim.

Accordingly, the Defendant, even though there was a duty to keep the collection amount for the victim and deliver it to the victim when the Defendant collected the claim from the above four companies, he arbitrarily consumed and embezzled the amount of KRW 19,300,000, which was received through debt collection from D after the conclusion of the above credit transfer contract, for the victim.

From that time until December 2, 2013, the Defendant, along with the Defendant, embezzled the total amount of KRW 31,618,135 collected from the said four companies on five occasions in total, as shown in the attached list of crimes.

2. On August 26, 2013, the Defendant of the forgery of private documents and the uttering of the private document appears to be written in the above C office with intent to arbitrarily prepare documentary evidence of the credit account receivable that D bears by the customer D, and without authority, the “price for goods” and “31,764,820 won” written in the indictment of KRW 31,764,920 in the column of the transaction balance confirmation form without authority for the purpose of exercising the right.

“.” On August 26, 2013, the date is indicated as “the 26th day of August, 2013,” and the name of D’s representative and the corporate seal affixed at the end of the confirmation to seal the name of D’s trade name, name of its representative, etc. and the corporate seal affixed to D’s name.

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