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(영문) 서울서부지방법원 2013.10.11 2012고단2718

횡령등

Text

Defendant

A Imprisonment for four years and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

I. [2012 Highest 2718] - Defendant A is a person who works as a brokerage assistant at the I Licensed Real Estate Agent's Office located in Mapo-gu Seoul Metropolitan Government Htel 305.

The above I Licensed Real Estate Agent Office was delegated from August 2002 to the victim E, the owner of the above Office 411, with the authority to select lessee and receive the price for the above Office.

Defendant

A on July 24, 2012, at the above office, entered into a lease contract with the lessee J and the above officetel 4.11 on behalf of the victim, with a deposit for lease deposit amounting to KRW 90 million on the same day from J to the account of one bank (L) in the name of K on the same day, and transferred KRW 9 million on the 26th day of the same month to the same account as part payment, and received the transfer of KRW 30 million as part payment.

8. 24. The lessee has received 2.250,000 won in cash under the pretext of the unpaid monthly rent of the former lessee;

Defendant

A, upon receipt of a total of KRW 4,1250,00 as above, he/she embezzled by consuming it for the purpose of paying deposit money to other lessees arranged in the above office around that time.

Ⅱ. [2013 Man-Ma957] - Defendant A and B are those who work as a brokerage assistant at the I Licensed Real Estate Agent Office and have been engaged in the business of buying and selling real estate and assisting the intermediation of a lease contract, etc., and Defendant B is those who run the M Licensed Real Estate Agent Office as licensed real estate agent.

1. Defendant A

A. On July 27, 2009, Defendant A entered into a charter agreement with NB and 80 million won for the instant office of the International Licensed Real Estate Agent in Mapo-gu Seoul Metropolitan Government Htel 305 around July 27, 2009, with respect to the instant officetel 1213, Defendant A entered into a charter agreement with NB and PB, and without authority, entered into the lessor’s address column of the real estate lease agreement into the Seoul City P apartment No. 105-601, Seoul Metropolitan Government P apartment in Q, the telephone number column, and the name column.