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(영문) 부산지방법원 동부지원 2018.05.03 2018고단383

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant worked as a brokerage assistant for “G official brokerage office” located in Nam-gu, Busan from December 2009 to July 2017, 2017.

1. On December 29, 2015, the Defendant: (a) concluded a lease agreement with the lessor on December 29, 2015; (b) on December 29, 2015, with the delegation of the preparation of a lease agreement with the victim BA who is the lessor of the Nam-gu, Busan; and (c) KRW 10 million for the lessor and KRW 550,000 for the monthly rent

The tenant notified the tenant and the tenant B made a lease contract of KRW 50 million and monthly rent of KRW 100,000,000 and received KRW 50,000,000 from BB for the benefit of the victim. On January 19, 2016, the deposit amount of KRW 10,000,000 notified to the landlord around January 19, 201 and the remainder of KRW 40,000,000,000,000 for personal use, etc. was embezzled on six occasions from around October 27, 2017, as shown in the list of crimes.

2. On January 17, 2016, the Defendant: (a) signed BB in the column for the seat of the monthly rent contract for officetels in order to conceal the fact that (b) the lessee No. 805 of the Z BB received the deposit amount of KRW 50 million from the lessee No. 805 of the Z; (c) in the column for the deposit amount; (d) “Japan-gu AZ805”; (d) “one million won” in the column for the deposit amount; (e) “one hundred million won”; (e) “BCBA” in the lessor column; and (e) “BB” in the lessee column.

As a result, the Defendant forged a chapter 1 of the monthly rent contract in the name of BB, a private document on rights and obligations, and issued it to BA as if it was duly formed at the above date, time, and place.

The Defendant worked as a brokerage assistant for “G official brokerage office” located in Nam-gu, Busan from December 2009 to July 2017, 2017.

1. On February 12, 2017, the Defendant’s occupational embezzlement is from the victim D, a lessor, at the “G Authorized brokerage office” office located in Nam-gu, Busan.