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(영문) 대구지방법원 서부지원 2016.02.05 2015고정1013
업무상횡령등
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From October 2013 to August 2014, the Defendant, as the head of D Co., Ltd., selling “C”, etc. of the niversing beverage in Daegu Seo-gu, Daegu-gu, was in charge of the sales and collection of products.

1. On February 18, 2014, the Defendant forged private documents with a false statement stating that “The supply request, etc. is to be made to Samsung Bio-resources deliver C equivalent to KRW 98 million to Samsung Bio-resources” using a computer unit program without authority for the purpose of uttering at the office of the said stock company at around that time, for the purpose of pretending that the supply performance was good, and then written out and printed out a copy of the supply request made by the Defendant on February 18, 2014, stating the false statement that “The delivery request is to be made to supply Samsung Bio-resources with KRW 98 million to Samsung Bio-resources.” The Defendant marked E’s name and affixed his seal.

On April 8, 2014, the Defendant, in the same date and at the same place, prepared and printed out a copy of the receipt of the self-product on April 10, 2014, stating the false statement that “D supplied C products of an amount equivalent to KRW 98 million to Samsung Bio BioF” and “F acquires C products” on the same date and at the same place, signed the signature of each F in the column of “man” of the receipt of the said product and “man” of the transaction statement.

As a result, the Defendant, who is a private document related to rights and obligations, committed each of the following acts: 1 copy of a written request for another product in the name of E, 1 copy of a transaction under F, and 1 copy of a receipt of a product in the name of F.

2. On April 8, 2014, the Defendant held three copies of the forged private document submitted to H, an operator of D, a corporation, who is aware of the fact that the document was duly prepared, as shown above, a letter of request for remaining articles in the name of E, a statement of transaction in the name of F, and a certificate of receipt of a product in the name of F, which is a private document related to rights and obligations forged at the above office.

3. On April 2014, the Defendant was entrusted with sale by the Victim D Co., Ltd.

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