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(영문) 서울중앙지방법원 2016.06.02 2014고단8296
배임등
Text

1. Defendant A shall be punished by a fine of 2 million won, and Defendant B shall be punished by a fine of 1.5 million won.

2. The above fine is imposed on the Defendants.

Reasons

Punishment of the crime

1. The Defendants and victims’ relationship between the Defendants and the Defendants A and B are mother-and-child relationship, and around 1996, A resided with the victim E as the lessee under subparagraph 102 of the third-story house on the ground of the first-story house located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City. B resided in the above housing 101 from around 2006, and managed the above housing Do and Do.

On the other hand, the victim E died on October 13, 201, and the victim G, the legal wife of the network E, succeeds to the above house and is currently the owner.

2. The sole criminal conduct of Defendant A;

A. On June 15, 2008, the Defendant: (a) indicated “A” in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City’s 4th floor H’s house located in the Gwanak-gu, Seoul Special Metropolitan City; (b) sealed the stamp-type stamp without authority for the purpose of exercising the real estate lease agreement; (c) “The third floor of the Gwanak-gu, Seoul Special Metropolitan City F; (d)” in the Guarantee Deposit column; (e) “The contract is re-contract and additionally paid KRW 3,000,000,000 in the Special Agreement column”; (d) “A” in the lessor’s agent column; (e) marked “H” in the lessor’s agent column; and (e) marked the stamp-type “H on June 15, 2008; and (e) signed the real estate lease agreement in the name of E, forged the title of rights and duties; and (e) delivered the lease agreement to H with the knowledge of the forgery.

B. The Defendant in breach of trust was delegated only by the victim E with the authority to manage the above house in around 1996 and did not obtain the authority to enter into a new lease agreement or to obtain the authority to enter into a lease agreement by increasing the deposit for lease. Therefore, even though there were duties to obtain the consent of the victim, the Defendant violated his/her duties and forged the lease agreement with the victim with respect to the third floor of the above housing as described in the preceding paragraph on June 15, 2008.

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