(영문) 서울북부지방법원 2021.01.21 2021고정30

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자간(%)

(영문) 서울북부지방법원 2021.01.21 2021고정30

업무상횡령

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a mutual authorized brokerage office called "C" located in Seongbuk-gu Seoul Metropolitan Government, and the victim D is the owner of Seongbuk-gu Seoul Seongbuk-gu Eudio building.

In relation to the above studio building, the defendant was entrusted with the authority to conclude the lease contract and to receive the rent deposit from the injured party, and was in the position of keeping the lease deposit for the injured party.

1. On December 21, 2012, the Defendant, upon delegation of a lease agreement with the injured party to the above studio building F, entered into a lease agreement with G with the lessee for the said studio building that was owned by the injured party, and received KRW 50 million from the said G to receive the lease deposit amount of KRW 50 million from the said G, and embezzled the said KRW 15 million out of the lease deposit of KRW 50 million for the victim for the personal purpose at around that time, while the Defendant was in custody for the victim, at around December 21, 2012.

2. On July 10, 2013, the Defendant: (a) entrusted the Defendant to enter into a lease agreement with the victim for the above studio building H on the part of the victim on July 10, 2013; (b) entered into a lease agreement with the lessee I and the lessee I with a deposit amount of KRW 20 million, monthly rent of KRW 300,000; and (c) received the lease deposit amount of KRW 20,000 from the said I and kept the leased in custody for the victim for an occupational purpose at around that time, the Defendant embezzled KRW 10,000,000 out of the lease deposit of KRW 20,000 for personal use at the first time in Seoul.

Summary of Evidence

1. Part concerning D's statement of questioning of the suspect in the police protocol (two times) against the defendant's legal statement

1. Statement made by the police against D;

1. (Attachment to Complaints) A certificate of all the matters to be registered and studio contract (H);

1. Investigation report (Submission of Suspected Data), power of attorney for a lease agreement, studio monthly rent contract (H heading);

1. Investigation reports (Submission of documents, etc. discharged partially by the suspect), and application of the statutes on the contract of studio lease;

1. Article 356 of the Criminal Act, Articles 355(1) and 355(1) of the Criminal Act, and the selection of fines for criminal facts.

참조조문

-형법 제355조 제1항

-형법 제356조

유사 판례

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-춘천지방법원 강릉지원 2018.03.21 2017고단1259

-대구지방법원 서부지원 2018.06.15 2017고단2279

-수원지방법원 2018.07.12 2018고정689