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(영문) 부산지방법원 동부지원 2016.07.07 2016고단496
횡령등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant received a claim against the victim C as the Defendant came to know through the embezzlement ship, and received a request from the victim for the acceptance of an official document.

The Defendant received the request from the injured party who became aware of this, to transfer the debt repayment amount to the above B in lieu of the remittance.

On July 5, 2014, the Defendant received KRW 2 million from the damaged party to the Agricultural Cooperative account in the name of the Defendant for the repayment of his/her obligation to B, and embezzled it by arbitrarily consuming the cost of living, which had been kept for the injured party, from August 24, 2014, as shown in the list of crimes in the attached Table, from around 16 times to August 24, 2014, with the total of KRW 48,90,000 from the damaged party under the pretext of paying his/her obligation to B, and embezzled it by arbitrarily consuming it by means of living expenses, etc. while being kept for the injured party.

2. On August 2014, the Defendant of the forgery of private documents, without authority, guarantees the guarantor of Pyeongtaek-si in Gyeonggi-do without authority to exercise the “performance letter,” which was received from the Defendant, in the office located on the seventh floor of the office located in Suwon-si D building in Suwon-si, Suwon-si, and in preparing C and public documents, using a verification pen.

In addition, the term “Surety F” was additionally stated.

Accordingly, the Defendant forged a letter of performance under F, a private document on rights and obligations.

3. On August 2014, the Defendant: (a) drafted a private document in Suwon-si D Building in Suwon-si D; (b) an office located in the seventh floor; and (c) received the document from C and C with a public document without authority for the purpose of exercising the document by using a verification color pen.

“The” portion was deleted by two reduction, and then is legally liable when it does not enter KRW 40,000 on July 28.

In addition, “the content” was stated additionally.

As a result, the defendant altered the letter of debt content in C, which is a private document on rights and obligations.

4. Exercising the above-mentioned investigation documents or making a false representation;

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