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(영문) 대전지방법원 서산지원 2017.11.02 2017고단389
업무상배임등
Text

1. The punishment of the accused shall be one year and six months;

2.Provided, That the above punishment shall be imposed for a period of three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is a person who resided in the E studio owned by D (hereinafter “the studio of this case”) 305, and performed duties with the authority delegated by D to manage and conclude monthly taxes for the entire studio of this case.

1. Although the Defendant did not obtain the authority to conclude a lease contract from D, the studio owner, on August 12, 2012, the Defendant entered into a lease contract with the lessee F and E 103 of the former lease contract around August 12, 2012, stating “G”, “H”, and “D” in the resident registration number column of the former lease contract site, and produced and kept the same in front of the name.

D Seal affixed the name seal, and delivered it to F who did not know the forgery as if it was duly formed.

Accordingly, for the purpose of uttering, the Defendant forged and exercised a private document, such as the list (1) of crimes, from around that time to July 10, 2015, in the name of a private document D, which is a private document related to rights and obligations.

2. The Defendant entered into a lease contract with the victim F and E studio 103 as the agent of D, who is the studio owner, at the time and place of Paragraph 1. As above, the Defendant entered into a lease contract with the victim for a contract term of two years and 20 million won for lease on a deposit basis.

However, the Defendant did not have any intention or ability to enable the victim to become a person with a right to lease on a deposit basis due to the lack of the right to enter into a lease on a deposit basis for the room of this case from D, the studio owner.

As above, the Defendant: (a) by deceiving the victim and receiving cash of KRW 20 million from the victim on the deposit basis; (b) from around that time to July 17, 2015, the Defendant received KRW 170 million from the victims on a total of eight occasions, such as the list of crimes (2) in attached Form 2, and acquired the victims’ property by deception.

3...

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