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(영문) 서울중앙지방법원 2013.05.15 2011고단6919
횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant pays 60,000,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

【2011 Highest 6919】 The Defendant entered into a contract to lease “Seoul Gangnam-gu Seoul Metropolitan Government D party headquarters” from the victim E on June 20, 2006, and used the whole of the party headquarters and facilities in the above party headquarters with the above victim provided, but the above victim kept the above party headquarters, etc. for the above victim by an agreement to return it upon the termination of the contract.

Nevertheless, around February 17, 2010, the Defendant transferred all rights to the above party hall business to C without the above victim’s consent, and embezzled all the facilities in the party hall including the above party hall, including the above party hall, in which the Defendant received KRW 60 million under the name of the facility premium for the facilities including the above party hall, and around that time, embezzled all the facilities in the party hall including the market price for the use of it by arbitrarily paying it to the Defendant’s partner.

【2011 Highest 7144】

1. On February 17, 2010, the nominal fraud Defendant made a false statement to the effect that “The victim C (the age of 50) will transfer the lease deposit amounting to KRW 30 million, premium amounting to KRW 60 million. However, the building owner’s body cannot be said to be a part of the infant’s medical care, so that the building owner will prepare a real estate lease contract instead of a real estate lease contract.”

However, there was no authority to conclude a lease contract with the above victim on behalf of the above building owner E because the defendant was delegated the above building owner E with the authority to lease the above building site, and there was only no notification to E on the wind of transferring the building site without permission of the above E, and there was no body of E or there was no medical care. The housegs and facilities inside the above building site including the party building site are owned by E, and there was no intention or ability of the defendant to transfer it to the above victim normally.

As above, the defendant deceivings the above victim and is under the name of the money for the party funeral from the above victim.

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