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Reasons
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(영문) 대구지방법원 서부지원 2016.08.18 2016고단816
업무상횡령등
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From November 16, 2010 to May 4, 2015, the Defendant served as the head of the business division of the victim D Co., Ltd., a vinyl and plastic raw material distribution business located in Daegu Seo-gu Seoul Metropolitan Government, and has been engaged in duties such as entering into a contract for raw material sales and receiving money.

1. Around May 3, 2010, the Defendant: (a) sold raw materials to E; (b) transferred KRW 1,600,000 to the Agricultural Cooperative (F) account in the name of the Defendant; and (c) deposited KRW 3,203,292,94 in total on 566 occasions from May 1, 2015 to May 30, 2015, in total, from the Customer’s account in the name of the Defendant for the sales proceeds of raw materials to the Agricultural Cooperative account in the name of the Defendant; and (d) transferred KRW 1,001,70 to the Defendant’s G account in the name of the Defendant on July 14, 2010; and (e) deposited KRW 1,600,000 in total to the Defendant’s account in the name of the Defendant; and (e) deposited KRW 375,294,705,705,705,705,75,297,25,20000.

Accordingly, the defendant embezzled the victim's property.

2. On April 1, 2015, the Defendant forged a private document forgery and the event of the above investigation document with the intent to use the receipt certificate in the name of the transaction partner, such as the 34 copy of the attached crime list No. 3, from the time on April 1, 2015, that “H takes delivery of goods from D,” and “H takes delivery of goods,” and from that time, forged a receipt certificate in the name of the transaction partner, such as the 3th copy of the attached crime list No. 3, and had the employees of the D company, who are aware of the forgery, use it for the purpose of arranging inventory and calculating sales.

As a result, the Defendant forged 34 copies of the acceptance certificate, which is a private document on rights and obligations, and exercised them respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the prosecution by each prosecutor with regard to I;

1. Investigation report (amount of embezzlement);

1. Each forged Co., Ltd.D Acceptance Certificate, Defendant .

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