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(영문) 서울북부지방법원 2020.11.26 2020고단3601

횡령

Text

A defendant shall be punished by imprisonment for six months.

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 September 29, 2017, the Defendant leased the lease deposit amount of KRW 60,00,000 from the lessor D with respect to the B apartment C (hereinafter “instant apartment”).

On December 13, 2017, the Defendant borrowed KRW 3,00,000 from the victim E Co., Ltd. located in Guro-gu Seoul Metropolitan Government to the debtor from the above lending company as the Defendant, and prepared a contract for the assignment of claims for KRW 3,00,000 out of the lease deposit claim of the apartment of this case. On February 14, 2018 and October 5, 2018, the victim company served the notification of the assignment of claims to D, which is the lessor, on or around February 14, 2018, but the delivery was entirely returned, and there was no legitimate notification of the assignment of claims.

On December 13, 2017, the Defendant borrowed KRW 3,00,000 from the above lending company, Seoul, Gangnam-gu, and the victim G, the 12th floor, with the debtor, from the above lending company, as the defendant, prepared a contract for the transfer of claims for KRW 3,00,000 out of the lease deposit claims of the apartment of this case, and the victim company served the notification of the transfer of claims to D around March 19, 2018 and October 18, 2018 with the above D, but all the service was returned to the addressee, and there was no legitimate notification of the transfer of claims.

Around December 13, 2017, the Defendant borrowed KRW 3,00,00,00 from the victim I Co., Ltd., Ltd. located in Guro-gu Seoul Metropolitan Government as the Defendant, and drafted a contract for the assignment of claims to KRW 3,000,000 out of the lease deposit claim of the apartment of this case, and the victim company served the notification of the assignment of claims to D around February 19, 2018 and around October 15, 2018 and June 14, 2019, but no legitimate notification of the assignment of claims was made because both the service was returned to the addressee.

As above, the Defendant only entered into an agreement on the transfer of claims with the victim company, and in the absence of legitimate notification of the transfer of claims between the Defendant and D, on March 15, 2018.