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(영문) 대구지방법원 2015.05.28 2014고단5216

업무상배임등

Text

A defendant shall be punished by imprisonment for one year.

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

On April 10, 2014, the Defendant was sentenced to four months of imprisonment for occupational embezzlement at the Daegu District Court, and the said judgment became final and conclusive on the 11th of the same month.

1. [Attachment 2014 Highest 5216] From around 2004, the Defendant is a manager entrusted with all duties, such as the management of building E owned by the victim D (hereinafter “instant building”), the conclusion of a lease contract, the receipt of monthly rent, maintenance of repair, and the receipt of various public charges for each household, etc.

Since the Defendant, in occupational breach of trust, concluded a lease contract for 202 and 206 among 15 households of the instant building, and received specific instructions from the victims to conclude a monthly rent contract for the remaining 13 households, the Defendant had a duty to conclude a monthly rent contract for the said 13 households, not a lease contract for the said 15 households.

Nevertheless, on February 12, 2011, the Defendant violated the above occupational duties and entered into a lease agreement with the lessor D, who did not notify the victim at the G Licensed Real Estate Agent Office located in the Daegu Northern-gu, Daegu Northern-gu, and leased the instant building KRW 302 to H with the lessee KRW 35 million.

As a result, the Defendant had the victim bear the obligation to return the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit

In addition, from around that time to June 28, 2013, the Defendant obtained a total of 13 billion won, such as the list of crimes (1) in attached Form 1, a total of three times, and suffered a property damage equivalent to the same amount from the victim.

B. The Defendant is to conceal the fact that the Defendant entered into a charter party agreement with respect to some of the instant households, among the instant buildings, and to deceiving the victim as if he/she entered into a monthly charter agreement.