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(영문) 제주지방법원 2016.11.02 2016고단1881
업무상횡령등
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

1. From February 5, 2014, the Defendant has been working as the secretary of the D judicial scrivener office located in Jeju City from around February 5, 2014, and has been engaged in the preparation and submission of documents necessary for filing an application for registration, etc. as an agent for filing an application for registration.

On July 10, 2015, the Defendant: (a) was entrusted with the registration of ownership in the land of 6,182 square meters and G978 square meters, which was donated by the victim E; (b) was transferred from the victim to the agricultural bank account (H) in the name of the certified judicial scrivener who was in charge of the Defendant’s management on the 10th day of the same month; and (c) was embezzled by arbitrarily consuming KRW 2,100,000, out of the same day, as shown in the attached list of crimes, five times in total, including remitting KRW 9,268,395.

2. The Defendant, as stated in paragraph (1), consumed the registration cost, such as acquisition tax, etc. received from the applicant E for personal use as seen above, and had been willing to apply for the registration of ownership transfer by forging two receipts for payment of acquisition tax and two receipts, as if the acquisition tax was paid without paying acquisition tax on the above two parcels of land.

On July 27, 2015, the Defendant: (a) around July 27, 2015, the Defendant used a receipt pen stating that “The employees J put the crepan in a different counter for the crepanion of the crepanion in Jeju-si, Jeju-si’s New Expense; and (b) affixed two copies of “the receipt for payment of acquisition tax and the receipt for payment (for taxpayer’s custody)” between the Defendant and “the receipt for payment of acquisition tax” (for custody of the registry office)” and two copies of “the certificate for payment of acquisition tax”, respectively.

Accordingly, for the purpose of exercising a certificate, the Defendant forged the payment slip of acquisition tax and the receipt in the name of the head of the branch office of the Jeju Yangyang Agricultural Co., Ltd., the private document related to the certificate of fact, and two copies of the certificate of

3. Uttering a falsified investigation document;

(a)an event of a “paid” certificate;

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