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Defendant
B A person shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime (Defendant B)
1. On October 2013, the Defendant is in need of KRW 600 million as a down payment to the victim L at the office of K (hereinafter “K”) located on the fourth floor of the Gangnam-gu Seoul J building in Gangnam-gu Seoul (hereinafter “K”).
In order to prepare down payment, I will transfer it to the Agency.
“.....”
However, the Defendant had a claim for the construction cost against K, and the employees at the time did not pay monthly salary or monthly rent of his office, and even if he receives the down payment from the injured party, he was intended to use it for his personal purpose, and did not have the intention or ability to transfer it to the down payment.
Nevertheless, the Defendant deceiving the victim as above and transferred KRW 80 million to the Korean bank account of M&A, which the Defendant managed as a contract deposit for the contract with the China, etc. from October 16, 2013 to October 18, 2013, under the name of the content that is the production and installation company of China, etc. from October 16, 2013.
Accordingly, the defendant was given property by deceiving the victim.
2. Forging a private document;
A. The Defendant, around August 28, 2013, stored a certificate of remittance of foreign exchange to a national bank located in the office located in Gangnam-gu Seoul N, and then entered “P”, “P 248,000”, “P”, “P” and “P” in the name column of the remitter’s name in Q, address column, and “R” in the payment column, the payment bank column entered “ABCC (NB) LUULLUUUUUUUUUUUUUUUUUUUUUUUUUGJJINGAL 100, 100, 00, 00 in the foreign currency column “foreign currency column 0,00,000” and “foreign currency column 10,000,000,000 in the column of “foreign currency” and “foreign currency column 2,00,000 in the column of “foreign currency”.
Accordingly, the defendant is a private document on the proof of facts.