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(영문) 서울동부지방법원 2012.11.08 2012고단1592
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

The Defendant worked as the purchasing director from September 2010 to November 201, 201 at D, which is the clothing wholesale store operated by the victim C, and was engaged in the purchase of clothes from the clothing wholesale store located in the Nam-gu Seoul Metropolitan Government and Dongdaemun-gu and the payment of the purchase price.

Around May 4, 2011, the Defendant, at the Dongdaemun-gu Seoul Metropolitan Government D Office, kept KRW 560,000,000 of the garment credit payment, which was received from the victim, at the above D office, with the payment of KRW 5,60,00,00, by means of false preparation of the receipt under the name of E, entering the false fact as if the above D book were paid in the above E book, and making a false entry as if the above amount was used arbitrarily to pay the Defendant’s debt, and making a false statement as to the payment of the credit payment on the account book, etc., as shown in the attached list of crimes.

"2012 Highest 1994"

1. On October 4, 2010, the Defendant forged a private document forgery and uttering of a private document in the name of H, a private document on the rights and obligations on which H’s name is affixed, stating in the column for the location of the real estate lease contract, “F store 10:20 square meters to 60 square meters to 10:20,000,000 in Gangdong-gu Seoul Metropolitan Government F store 1:30,000,000 in the previous rent column; and then submitted a forged real estate lease contract in the name of H, which is a private document on the rights and obligations on which H’s name is affixed, with the intention of exercising it in the “G” operated by the Defendant located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu. On the same day, the Defendant submitted the forged real estate lease contract to the employee in charge of loan who is aware of such fact.

2. On October 4, 2010, the Defendant was forged as provided in paragraph (1) by an employee in charge of the Defendant’s Gangwon Credit Cooperatives, even though he/she did not hold claims against H for the refund of the lease deposit amount of KRW 50 million against H.

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