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(영문) 제주지방법원 2016.01.27 2015고단669
업무상배임등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

Of the facts charged in the instant case, Defendant A.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to two years of imprisonment with prison labor for fraud at the Jeju District Court on August 29, 2014, and the judgment became final and conclusive on December 19, 2014. Defendant B was sentenced to two years of imprisonment with prison labor for six months in the same court on July 26, 2012 and the judgment on August 3, 2012 became final and conclusive on August 22, 2013. On August 22, 2013, Defendant A was sentenced to eight months of imprisonment with prison labor for a violation of the Illegal Check Control Act and was sentenced to two years of imprisonment with prison labor for eight months in the same court on July 9, 2014, and the judgment became final and conclusive on December 10, 2014.

[2] The Defendants, from July 201 to December 2012, 201, had been actually operating the Victim E Co., Ltd. (Representative Directors F, hereinafter “E”) and engaged in the business of managing funds of the victims.

1. Joint crimes committed by the Defendants

A. The Defendants of the occupational breach of trust, forgery of private documents, and uttering are invited to have the victim bear the joint and several liability for the unpaid building rents and management expenses of the company “G” operated by the Defendant A. On October 5, 201, the Defendants prepared a performance letter at the H and the 7th floor office of the victim at the H and the 7th floor of the Jeju city where the head office is located as a computer on October 14, 201, which includes the unpaid rent and management expenses incurred until October 14, 201, and kept in advance at the right side of each letter at the time, each letter is jointly and severally liable and jointly liable, and each letter is not paid by the lessee A (hereinafter referred to as the “Plaintiff”).

E With the seal imprint affixed to the corporate seal imprint, it was delivered as if it was duly formed to I who knew of the forged fact.

As a result, the Defendants forged one copy of the performance letter in the name of E, which is a private document on rights and obligations, and exercised it, and at the same time, letG “G” use the same amount equivalent to KRW 19 million.

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