Text
Defendant
A shall be punished by imprisonment with prison labor for four years and by imprisonment for one year and six months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
"2013 Highest 3047"
1. Around March 2008, Defendant A embezzled, at the victim E office located in Jongno-gu Seoul Metropolitan Government, by receiving two promissory notes with the victim’s request from G Representative H, the construction business operator, on the pretext of paying the cost of installing the cold winder of the F call text that the victim took over, and kept for the victim, after receiving two copies of the promissory notes with the victim’s total amount of KRW 32 million and the issuer’s representative director E. At that time, Defendant A embezzled, using one of the members in Seoul Metropolitan City, in the name of the Defendant’s payment for the unpaid construction cost, etc.
2. On April 27, 2011, Defendant A made a false statement to the victim at the (State) I Office operated by the said victim, which is located under the JA building 101, Guro-gu Seoul Metropolitan Government, that “The said victim will pay a discount on the face of the bill at the discount of the bill.”
However, even if the bill is discounted by the victim, there was no intention or ability to pay the bill to the victim.
Nevertheless, the Defendant, as above, by deceiving the victim as above, received from the victim, a copy of the Promissory Notes in the name of the issuer (State) I, the wife K of the victim as representative director, and received from the victim, a copy of the Promissory Notes in the face of KRW 50 million.
3. Forgery of private documents and the display of private documents;
A. On October 10, 201, Defendant A entered “10 square meters out of the 101st floor inside the office of the first floor of the J building of Guro-gu Seoul Metropolitan Government,” “10 million won in the column for deposit,” and “K of the said company’s representative director” in the column for the indication of real estate in the real estate lease contract site without authority for the purpose of exercising at the office described in the above paragraph (2) above, and forged one copy of the real estate lease contract in the name of (ju) I, which is a private document on the rights and obligations of the said company prior to signing the corporate seal of the said company on its name. In other words, the said forged real estate lease contract is authentic for the lessee who is aware of the forgery at the seat.