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(영문) 춘천지방법원 2018.02.12 2016고단407

업무상횡령등

Text

A defendant shall be punished by imprisonment for six years.

Of the facts charged in the instant case, [Attachment 2016 order 407] Crimes List I-1.

Reasons

Punishment of the crime

January 18, 2018 is based on the indictment which is finally permitted.

[2016 Highest 407]

1. Gudio-building in the Chuncheon City - Owner F

A. On September 7, 2004, the Defendant entered into a contract on the consignment management of stud house with the content that “the Defendant shall execute the duties of concluding a lease contract by proxy, collecting rents, and preserving and returning the rent deposit, etc., and the total rent amount is KRW 16 million, monthly rent is KRW 2,160,000,000, and KRW 1940,000,000,000,000,000,000 won from the end of each month to the Defendant’s deposit at the end of each month.” On April 7, 2007, the Defendant changed the contract to the effect that the total rent deposit is KRW 8 million,00,000,000,000,000,000,000,000,000 won.”

1) On July 31, 2008, the Defendant entered into a lease agreement with the J on behalf of the victim on 203 of the above studio building 203, a deposit of KRW 1 million, monthly rent of KRW 300,000,00 (monthly rent) on behalf of the victim. In other words, on September 31, 2008, the Defendant received 300,000 won as the down payment from tin, and was in custody for the victim on behalf of the victim on behalf of the victim, and used it for personal purposes, such as living expenses, etc. at the day of Chuncheon City around that time.

2) On September 7, 2004, the Defendant entered into an agency contract for the management of studio-building 1 and 2 with the victim, as above, at the office of “I”, to carry out the duties of concluding a lease contract with the third floor of the above studio-building and the duties of returning the lease deposit at the time of termination or expiration of the lease contract.

Accordingly, at the office of "I" on September 6, 2006, the Defendant entered into a lease contract with K for the third floor of the above studio building on behalf of the victim with the third floor of the above studio building, and also renewed the lease contract every two years.

On October 22, 2015, the Defendant terminated the lease contract with K and returned the lease deposit.