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(영문) 서울중앙지방법원 2016.10.26 2015고단5287
업무상횡령등
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

1. From October 2013 to February 31, 2015, the Defendant: (a) worked for the accounting of the Victim C’s Operation D; (b) E (RepresentativeF) who is a duty-free shop distributor; (c) was in charge of funding; (d) around September 10, 2014, the Defendant embezzled the amount of KRW 18,700,000 as the goods to be paid to the Customer at the D office located in Jung-gu Seoul Metropolitan Government for the company for the sake of its business, and embezzled the amount of KRW 18,70,000 as the goods to be paid to the Customer in the D office located in Jung-gu, Seoul; and (d) transferred it to the national bank account in the name of H, friendly; and (e) embezzled it by arbitrarily consuming the amount of KRW 167,261,000 for five times from the said date to December 31, 2014.

2. The accused of forging private documents and uttering of falsified investigation documents has been aware of the embezzlement of the above paragraph (1) with the intention of obtaining an agreement deadline from the company and with the intention of obtaining a lessee a monthly rent of KRW 30 million (one million a monthly rent of KRW 1,00,000,000) and with the intention of exercising the right to use the apartment contract, etc. by forging the apartment contract, etc., as long as the contract was concluded with the tenant.

A. On January 2015, with the aim of exercising the name of Seongbuk-gu Seoul International Apartment 101 dong 604, Seongbuk-gu, Seoul, without authority, the title “Attachment Lease Contract” is, using a computer, stating “Seoul Metropolitan Government I Apartment apartment 101 dong 604,” “Seoul Metropolitan Government I apartment 104 dong 604” in the real estate indication column, “the amount of KRW KRW 100,000” in the column for deposit, “J, K” in the lessor’s column, and “A” in the lessee’s column, and then, affixing the seal of the name of K which is arbitrarily blind on his/her own right and duty, one copy of the Jeonse Lease Contract in the name

B. Around February 25, 2015, at the D office located in Jung-gu Seoul Metropolitan Government G, the head of the said D office, who was aware of the forgery, presented a forged lease contract document as above, and exercised it.

C. Around February 25, 2015, without authority, 60 million out of the deposit money for the above apartment without the authority to exercise the Seongbuk-gu Seoul Metropolitan Government I apartment at 101 Dong 604.

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