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(영문) 부산지방법원 2015.11.26 2015고단6185
횡령등
Text

As to the crimes listed in paragraph (1) of the judgment of the defendant, each of the crimes listed in paragraphs (2) and (3) of the judgment shall be punished by imprisonment with prison labor for one month.

Reasons

Punishment of the crime

On August 17, 2012, the Defendant was sentenced to a suspended sentence of ten months of imprisonment with labor at the Busan District Court on August 17, 2012, and the judgment became final and conclusive on August 25, 2012.

(B) On June 14, 2013, the Defendant was sentenced to a suspended sentence of 2 years on October 5, 2013 at the Busan District Court, which was sentenced to a suspended sentence of 10 months for fraud.

(B) On July 10, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Busan District Court on September 25, 2014, and the judgment became final and conclusive on September 25, 2014.

(C) 1. Embezzlement. 1.

A. On January 5, 2010, the Defendant received a request for lease from the victim E to G apartment 1 and 611, which is a victim owned by the victim in Busan-gu, Busan-gu, and received 14 million won as a deposit for lease from the lessee on the same day. On January 10, 2010, the Defendant paid 5 million won to the victim and embezzled the remainder nine million won for the victim by using it for personal purposes around that time.

B. Around January 5, 2010, the Defendant received KRW 100,000 from the above H as the monthly rent for the above apartment and used it voluntarily for personal purposes around that time, and embezzled 5,50,000 won in total through the same method from the above date to July 2014.

2. On March 3, 2013, the Defendant forged private documents: (a) stated “I apartment 122” in the indication column of real estate in the form of a real estate sales contract using a pen in the form of a real estate sales contract; (b) stated “I apartment 122”; (c) one million won in the sale price column; and (d) stated “J” in the seller’s name column, “K” in the resident registration number column, and the address column, and affix his/her seal arbitrarily attached to the name.

Accordingly, for the purpose of exercising, the Defendant forged a real estate sales contract in the name of J, which is a private document on rights and obligations.

3. The defendant shall display a falsified investigation document.

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