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(영문) 수원지방법원 성남지원 2016.11.03 2015고단3130
횡령등
Text

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

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

Reasons

(b)based;

On December 23, 2013, the Suwon District Court established the right to collateral security in the real estate of this case owned by the victim G, the debtor, the debtor, and the maximum debt amount of KRW 150,000 on the real estate owned by the victim at his/her own registry office with the document attached thereto.

As a result, the Defendant violated his duties, thereby obtaining financial benefits equivalent to the security value for the Defendant’s personal debt of KRW 30 million from G, and causing financial damage equivalent to the same amount to the victim.

2. On December 30, 2013, the Defendant forged private document: (a) made use of a folder to check blank in blank in the C office located in Gangdong-gu Seoul Metropolitan Government, stating that “The rent is KRW KRW ,000,000,000: the date of loan: December 30, 2013; (b) the date of return: December 30, 2014: 2% (payment on December 30, 201) the monthly interest rate: (c) the borrower (Omission); (d) the guarantor D; (h apartment at the Government of Gyeonggi-do; (e) the borrower D; (g) the Gyeonggi-do Government * * * * the Dong * on December 30, 2013; and (d) the Defendant was affixed with the seal previously possessed by the Defendant on the name of the above D.

Accordingly, for the purpose of uttering, the Defendant forged a copy of the loan certificate in the name of D, a private document on rights and obligations.

3. The Defendant: (a) delivered a forged loan certificate to G who is aware of the forgery at the time, place, and place specified in paragraph (2) as if it were a document duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness G and each part of D's testimony;

1. A copy of each certified copy, promissory note, note of payment, and copy of each passbook;

1. Existing bills of borrowing;

1. Records of trial submitted on the seventh day of each trial; the application of statutes;

1. Article 35 (2) and (1) of the Criminal Act applicable to the facts constituting an offense, Article 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.

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