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(영문) 의정부지방법원 2019.01.25 2018고단2918

업무상배임등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 18, 2016, the Defendant was sentenced to two years of imprisonment with prison labor at the Seoul Northern District Court for fraud, etc., and on December 2, 2016, the judgment became final and conclusive.

1. On May 10, 2013, the Defendant in occupational breach of trust entered into a monthly rental agreement with the victim B and the third floor building located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “this building”) and entered into a lease agreement with the party with the duty to enter into a monthly rental agreement, including entering into a monthly rental agreement with the victim B and the receipt of deposit money and rent for the above building lease. Since the Defendant entered into a lease agreement with the party with the content that the sum of deposit received from the lessee on a monthly rent shall be KRW 50 million and the monthly rent shall be KRW 5750,000,000,000,000,000,000

Nevertheless, on May 8, 2013, the Defendant violated the above occupational duties, and entered into a lease agreement with the lessee D and the victim on a deposit basis with the lease deposit amount of KRW 75 million on the above building E, and caused property damage by having the victim obtain KRW 75 million on May 10, 2013 as the deposit money, and having the victim obtain KRW 75 million on a deposit basis, and have the victim obtain KRW 31.65 million on a deposit basis, thereby incurring property damage. From around that time to October 21, 2014, the Defendant received KRW 295 million on a total amount of KRW 4,500,000 in the attached list of crimes (1) in the same manner as in the attached list of crimes (1) and incurred property damage equivalent to KRW 250,500,000,000 in the amount of the deposit to the victim in the monthly rent contract, thereby having the victim obtain property damage equivalent to KRW 45,500,00,00.

2. On May 8, 2013, the Defendant entered into a lease agreement with the victim D and the building F, indicating that he/she was delegated the authority to enter into the lease agreement by the building owner B, etc.