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(영문) 인천지방법원 2013.12.19 2013고단1053
사문서위조등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 26, 2008, the Defendant served as an employee at the tax accounting office operated by the victim D in the third floor of the Seo-gu Incheon Metropolitan City, Seo-gu.

After receiving the approval of the victim, the defendant prepared a written request for a payment transfer (payment) of benefits to the employees of the above tax accounting office and received benefits more than the amount approved by requesting the bank to change the amount of the defendant among the written request for payment transfer (payment).

On April 14, 2010, the Defendant prepared the Defendant’s salary amounting to KRW 1,334,030 among the “written request for wage transfer (payment)” in the above victim’s office, and obtained approval from the victim, and forged the written request for wage transfer (payment) in the name of the victim, which is a private document regarding rights and duties, for the purpose of exercising the victim’s seal by changing the amount to “1,584,030” among the written request for wage transfer (payment) and affixing the seal of the victim.

The Defendant, in violation of his duties, submitted a written request for payment by transfer (payment) to an employee in charge of an employee at the influence branch of an enterprise bank, who is aware of the forged fact, and exercised it, received the account transfer from 1,584,030 won under the pretext of the payment, and took the financial profit equivalent to 250,000 won, which is the difference between the account transfer and the victim suffered

In addition, from around that time to June 15, 2012, the Defendant violated duties 24 times, such as the list of crimes in the attached Table, and forged and exercised a request for payment transfer (payment) by the said method, and acquired property benefits by means of account transfer under the pretext of payment, and suffered property damages equivalent to the same amount by the victim.

Summary of Evidence

1. Each legal statement of witness D, E, and F;

1. Statement to E by the police;

1. Complaint;

1. A written appraisal;

1. Labor contracts, the Director of the Office of Customer, and

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