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(영문) 부산지방법원 동부지원 2014.07.16 2013고단2709
업무상배임등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

The victim C corporation is a corporation established for the purpose of credit business, etc. by investing Japan D, and the defendant is the representative director of the victim.

E is a person who engages in credit business in the Incheon area with the money of the victim from the above defendant following the sunset.

In order to execute the loan, the defendant sent various loan documents to the above D to obtain approval, and the defendant and E had the mind to prepare at will a loan transaction contract to be sent to the above D, who is practically difficult to prepare the documents.

1. Joint criminal administration with the accused;

A. On January 14, 201, 201, E forged Private Document: (a) entered the debtor’s column, resident registration number column, and address column of the loan transaction contract in the name of “F”; (b) imprinted the seal which was voluntarily made on the name of “F”; and (c) the Defendant forged Chapter 108 of the loan transaction contract, which is a private document in the name of F, for the purpose of uttering in collusion with the entry of “30%” in the loan amount column of the above loan transaction contract and “30%” in the annual interest column, at the office located in Busan Shipping Daegu, the Defendant forged one copy of the loan transaction contract in the name of F, a private document concerning the rights and obligations without authority, as shown in the attached list of crimes (1).

B. On January 14, 2011, the Defendant and E engaged in the event of the foregoing investigation document sent to the said D by facsimile one copy of the loan transaction agreement in the name of F, a private document with respect to the forged rights and obligations, as described in the attached list of crimes (2) and used it by facsimile, in collusion with the Defendant and E, at the office of the said C C, and exercised the same by sending it to the said D, respectively, through facsimile, as indicated in the attached list of crimes (2).

C. The Defendant in occupational breach of trust is the representative director of the victim, and is making a loan while staying in Korea.

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