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(영문) 대전지방법원 천안지원 2017.09.28 2016고단2380
횡령등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On May 31, 2010, the Defendant was delegated by the victim E with the duties of lease and management of the ASEAN Fudio Building in the office of the D Authorized Broker Office located in Asan-si, Asan-si, the victim of which is the victim.

On May 31, 2010, the Defendant arbitrarily used KRW 320,000,000,000 among the lease deposit received from the lessees of the said building from around April 13, 2013 for the victim, which was kept for the victim.

Accordingly, the defendant embezzled the victim's property.

The Defendant, from May 2010 to April 2013, 2013, used the amount of KRW 320,000,000,000, which was kept in the course of managing the studio buildings owned by E, as the cost of constructing the studio buildings owned by E without permission, to assume the liability equivalent to the said amount, without permission;

In around 2011, while managing the studio building in the name of the defendant or his family members, the lessee was liable to repay the total of 600 million won of the rent deposit. In the case of the real estate owned under the name of the defendant himself or his family members, there was no value of property due to collateral exceeding the real estate value and deposit for lease. The amount borne by the defendant for the above 2.7 million won of the purchase price of the land did not exceed 50 million won of the purchase price of the land, and all other land purchase cost and construction contract deposit did not raise from bank loans or other persons. Since the other land purchase cost and construction contract deposit were not partially paid 30 million won of the construction contract deposit, even if the victim H did not borrow 30 million won of the construction contract deposit, the remainder of the construction payment was completed within 3 months, and there was no intention or ability of payment for the interest of the 6.0 million won of the unpaid construction cost and the victim with the loan secured, and there was no intention or ability of payment for each 6.

Nevertheless, the Defendant.

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