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(영문) 서울중앙지방법원 2013.08.23 2012고합387
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On February 23, 2010, the Defendant, while serving as a director of the Victim G Co., Ltd. (hereinafter “victim Company”) established around February 23, 201 to engage in business with F and partnership, engaged in the business of planning, manufacturing, and paying the price of the subcontractor.

On April 13, 2010, the Defendant embezzled KRW 474,612,10 in total 17 times in total from around that time to September 15, 2010, as described in the [Attachment 1] list, including embezzlement by arbitrarily using a personal loan repayment, etc. while obtaining KRW 20 million from the victim company as part payment of HX 5,00 won from H, and as described in the [Attachment 1] list, the Defendant embezzled the amount of KRW 10,14,15,26 through 28, 31, 37, 40, 42, and 49, from around that time to September 15, 2010.

2. On February 2010, the Defendant forged private document at the J office located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and marked in the column of the apartment rent contract “Seoul, the 101-dong 601-dong 601-dong 300,000”, “M” in the column of the deposit, “Seoul, Yeongdeungpo-gu, Seoul, L Apartment 410-101”, and “M,” written in the column of the lessor’s address, and marked in the column of the lessor’s name, “each of the following M’s names attached to the name of the said M.

Accordingly, for the purpose of exercising authority, the Defendant forged one of the apartment lease contracts in M's name, which is a private document on rights and obligations.

3. On February 2010, the Defendant: (a) delivered a forged apartment charter contract as if it were a document that had been duly formed, and (b) delivered it to F without knowing that it was forged, on a car page where the trade name in Mapo-gu Seoul New Hotel is unknown; and (c) the saidO delivered it to F without knowing that it was forged.

In this respect, the defendant exercised one set of a forged apartment lease contract.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, P, Q, R, S, T, U,V, andO 1.

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