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(영문) 부산지방법원 2016.06.02 2014고단8536
업무상배임등
Text

[Defendant A] The defendant shall be punished by imprisonment for six years.

All of the applications for compensation of this case are dismissed.

[Defendant B]

Reasons

Punishment of the crime

"2014 High Order 8536"- The defendant A was engaged in the business of concluding a real estate lease contract, etc. while working as a broker assistant for the NO certified public broker located in Busan-gu M, Busan-gu, and the victim K received from the victim K the delegation of the real estate lease contract for the items of Nos. 1607, 1907, 2007, and 812 of the Busan-gu, Busan-gu, Busan-do, which were owned by the victim, from the lessee at his own discretion to use the lease deposit, etc. for personal purposes.

1. Forgery of private documents and the uttering of a falsified investigation document;

A. On August 8, 2009, the Defendant is located in the Busan-gu Busan-gu Busan-gu public brokerage office. The Defendant entered into a lease agreement with P as to No. 202 with P as to No. 1607, which covers KRW 20 million. The Defendant did not have been entrusted with the conclusion of the lease agreement with the P, but did not have any other details. The Defendant entered “5 million won,” “430,000 won” in the guarantee fee column for the real estate lease agreement under No. 1607 of the above room-gu, 1607, and entered “P” in the lessor’s name, “K,” and “P” in the lessor’s name.

K’s seal affixed, and the P’s signature was written next to the name of P.

Accordingly, the defendant, for the purpose of exercising authority, forged the title of the real estate lease contract under the name of K and P, which is a private document related to rights and obligations.

(2) On August 2009, the Defendant: (a) delivered a forged real estate lease agreement under Article 1607 to K, a lessor, who is aware of the forgery at a place where it is impossible to know the location; and (b) exercised it as if it was duly formed.

B. On August 27, 2009, the Defendant entered into a lease agreement with Q to KRW 20 million with respect to the above studio No. 1907 at the above place and the above studio No. 1907 at Q, and there is no difference between the fact and the fact that there was no delegation for the conclusion of the lease agreement.

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