A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant was a person working as the secretary of the D's office located in Gyeongbukbuk, and the victim E was a member of D.

On April 5, 2017, the Defendant: (a) prepared a letter of resolution on purchase and disbursement (hereinafter “written resolution on instant expenditure”) stating that he/she would purchase KRW 2.6 million from H’s mother-child I to purchase KRW 32 million for the reason that the former victim E did not register his/her business as a business operator; (b) drafted a written resolution on purchase and disbursement (hereinafter “written resolution on instant expenditure”) with respect to the “Gyeongbuk F Business (hereinafter “instant business”); and (c) unlawfully used the victim’s seal kept on the D office’s book without the victim’s permission.

Summary of Evidence

1. Each legal statement of witness E andJ;

1. The statement of the purchase and disbursement resolution with the seal affixed to the written complaint affixed to the victim, and the description of the goods;

4. The official document to be executed (the purchase of 20 main title), details of account transactions, the center electronic data, estimates, etc.;

1. The application of statutes in a written resolution on expenditure of preparation of victims and audit results;

1. Article 239 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The assertion and judgment of the defendant and his defense counsel under Article 186(1) of the Criminal Procedure Act concerning the costs of lawsuit

1. The alleged defendant prepared a written resolution for expenditure of this case with the victim, such as using the seal of the victim with the consent of the victim while the victim reported.

Therefore, the defendant did not use the victim's seal without permission.

2. In light of the following circumstances acknowledged by comprehensively taking account of the overall purport of each of the above evidence evidence, the fact that the Defendant prepared a written resolution for disbursement of this case and uses the victim’s seal without the victim’s consent can be sufficiently recognized.

Therefore, we cannot accept the defendant's above assertion.

(1) The aggrieved person shall be registered as a business operator by H.