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(영문) 의정부지방법원 2015.08.18 2014고단4788
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2014 Highest 4788]

1. As to the eudio owned by the victim D in Macheon-si from November 14, 201 to October 2012, the Defendant was engaged in the business of entering into the above eudio rental agreement, the deposit, and the collection of rent from the victim.

A. Following the delegation by the victim, the Defendant entered into a lease agreement with the lessee F with regard to the above studio 201 at the above studio office around December 3, 2011, and then embezzled the above studio 102 by arbitrarily consuming personal debt, living expenses, etc. around that time while receiving KRW 25 million from the above F as a security deposit for the victim’s occupational custody, and then embling it under the name of the victim’s occupational custody. 2) On March 17, 2012, the Defendant entered into a lease agreement with the lessee with regard to the above studio 102 at the above studio office around the above studio office around March 17, 2012, and embezzled it under the name of the lessee’s personal debt, living expenses, etc. while receiving KRW 15 million from the above G for the victim’s occupational custody around that time, and concluded the above studio 303,000 won under the name of the victim’s deposit.

B. On May 21, 2012, the Defendant received a deposit of KRW 20 million from the victim’s studio 202 lessee I to the above studio 202 lessee I and embezzled it by arbitrarily consuming it for personal debt repayment, living expenses, etc. around that time while the Defendant was in the custody of the victim for business purposes.

2. For the purpose of uttering, the Defendant

A. From December 3, 2011, the studio 201 set up a studio monthly contract with the lessor D, lesseeF, and deposit 3 million won in the studio 201 form in the studio monthly rent contract form with respect to the above studio 201 in the studio 201 form.

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