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(영문) 수원지방법원 안양지원 2012.07.10 2011고단1047 (1)
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant introduced C to the victim D, and C received a request from the victim to manage the securities account under the name of the wife E and received 38 million won from the victim and made a stock transaction for the victim.

1. On November 14, 2006, the Defendant forged private documents at the G (former H) office located in the Gu F during the Ansan-si-si period, the Defendant stated “I”, “E”, “E”, “K-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Accordingly, for the purpose of exercising authority, the Defendant forged an application for securities account transaction in the name of E, a private document on rights and obligations without authority.

2. The Defendant, at the time and place specified in paragraph (1), delivered an application for transaction of forged securities as if it were a document duly formed, and exercised the same.

3. The defrauded presented the forged securities account transaction application and E’s seal at the time, place, as described in paragraph (1), and led to the act as if he was delegated by E, and deceiving the employees in the name of the Defendant, as if he had legitimate authority to transfer shares from his female account to another account.

The Defendant, as above, shall have the person who was unaware of his name, transfer the amount equivalent to KRW 4,637,50 of the market price of pop-up containers owned by the victim D and the amount equivalent to KRW 505,00 of the market price of KRW 3,500 of the pop-up containers owned by the victim to the account under the name of his husband who manages the Defendant’s her husband, thereby making the Defendant transfer the amount of KRW 5,142,500 to the account under the name of his husband.

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