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(영문) 대전지방법원 2016.10.28 2015고합302
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. On June 8, 2012, the Defendant, in preparing a qualification recognition document, concluded a lease agreement with F children of F, the owner of EM in Seo-gu, Seoan-gu, Seoan-gu, Incheon, with the Defendant on November 28, 201, with respect to the above EMel owned by F, while in company with the Defendant on November 28, 201, the Defendant entered into a lease agreement with G and rental deposit of KRW 680,000,000,000 for monthly rent of KRW 18,770,000.

Notwithstanding the fact that the Defendant had been delegated by F with any authority with respect to the above lease agreement, the Defendant, around June 8, 2012, decided to reduce the monthly rent prescribed in the existing lease agreement from KRW 18.7 million to December 6, 2012, from KRW 15.8 million, as the construction work of the above EM was delayed at the office of the above EM, and the amount of KRW 15.8 million is to be reduced from KRW G and December 6, 2012, and the Defendant, using the computer located in G, “performance agreement, : F and resident number: H: I, address : J, tenant number : G, resident number : H, and resident number : Y and address : Suwon-gu L apartment 353-801, Suwon-gu, Suwon-si.

1.The above lessee and the lessee are in a lease relationship with E hotel in Seo-gu, Seo-gu, Seoan-gu.

2. A lessee is required to deduct the deposit when he/she returns the deposit because he/she has failed to pay a daily0 million won out of the rent for the portion of May 2012 due to business depression;

3. The lessor shall make a monthly rent of not later than December 6, 2012 as the lessee is to decide to pay for losses incurred due to the delay of construction and to undertake part of the remodelling works, and the rent shall be KRW 00,000,000 (including surtax) and shall follow the first contract thereafter;

4. A performance agreement drawn up on April 20, 2012 shall be destroyed in accordance with the preparation of this agreement.

5. When the contract is terminated at the request of the lessee during the lease period, the lessor does not assume any civil or criminal liability upon the termination of the contract.

6. At the time of termination of a contract pursuant to paragraph (5), the lessee shall notify the lessor thereof by no later than one month, and the lessor shall refund the full amount of the deposit by means of loans, etc., and the deposit shall be paid by selecting other lessee on the same condition as the refund of

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