beta
(영문) 부산지방법원 2020.11.13 2020고합408

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant was the representative of the real estate intermediary company located in Busan Jin-gu B (the employee of the "E" located in Busan Jin-gu).

1. The Defendant, who committed the crime against the victim F and G, was the victim F and the victim F, G, who is the joint owner of H in Busan, Busan, and the victim F, who is the joint owner of H in Busan, and the victim F, G, a building management, lease, conclusion, and monthly rent receipt. In fact, the Defendant was delegated by the victims, who are the owners of the above building, to enter into a monthly rent lease contract, and had a duty to enter into a monthly rent contract, not a lease contract.

The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of trust) - Nevertheless, the Defendant violated the above duties and caused the victims to incur property damage equivalent to KRW 1/2,000,000,000, which is the difference between the victims' monthly rent deposit and KRW 45 million,000,000,000, in total, from December 31, 2016 to July 20, 2019, the Defendant incurred property damage equivalent to KRW 70,000,000,000, which is the difference between the victim's monthly rent deposit and KRW 45,000,000,000,000 from December 31, 2016 to July 20, 2019.

B. Occupational breach of trust - The Defendant also suffered property damage equivalent to KRW 237 million in total from December 31, 2016 to May 28, 2019, as stated in the list of crimes in the attached Table (2), in the same manner as specified in the foregoing paragraph (a). The Defendant suffered property damage equivalent to KRW 237 million in total from around December 31, 2016 to May 28, 201, and the Defendant obtained a benefit equivalent to the same amount.

2. Fraud.