A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. The Defendant: (a) received a request for clothes from D, a clothing producer operated by the victim C; (b) delivered the clothing to E after packaging it; and (c) when the above E transported the clothing by air or ship to an ordering enterprise located in Japan; and (d) recovered the export price, the Defendant operated F, a clothing packing enterprise, which received the export price from E, and delivered it to the victim.

around July 23, 2014, the Defendant used 4,964,374N (an amount equivalent to approximately 48,983,440 won in Chinese currency) for personal use, such as the Defendant’s debt repayment, etc. around September 4, 2014, the sum of 2,891,844 UN (an amount equivalent to approximately 28,050,887 won in Korean currency) taken from the above E, for the victim, the Defendant used 2,072,530N (an amount equivalent to approximately 48,983,440 won in Korean currency) of clothing export from the above E in the first floor of the Dongdaemun-gu Seoul Metropolitan Government Building and around that time used it for the victim’s personal use, such as reimbursement of the Defendant’s debt, in mind of the above F, etc.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant forged an official document, forged a notarial deed under a money loan contract, and had the intent to urge payment of the obligation of the said C, as if he had a claim to be repaid to another person by demanding payment of the money embezzled by the said C.

Around December 10, 2014, the Defendant: (a) around December 10, 2014, the notary public drafted between the Defendant and the victim was in the form of a notarial deed under the name of Songwon, which was made in the form of a monetary loan contract in the name of Songwon, (b) the Defendant copied with a computer document that was printed out by doping between the obligee and the obligor; (c) directly recorded the “creditor A and the obligor H” on the back part; and (d) sent the forged notarial deed to the said C without knowledge of such fact by facsimile.

Accordingly, the defendant, a notary public, who is an official document, forged a notarial deed under the name of Songwon, and exercised it.

Summary of Evidence

1...