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(영문) 창원지방법원 통영지원 2018.10.22 2018고정169
업무상횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who served as a brokerage assistant at a brokerage office located in the subparagraph C of the B commercial building from April 29, 2016 to June 26, 2017.

On May 2017, the Defendant: (a) received a lease brokerage contract under the F Building G G from the victim E at the time of Tong Young-si on the date of the end of May, 2017; and (b) stated that the Defendant would have the victim receive KRW 15 million for the premium by seeking a new lessee.

However, even if the defendant receives the premium of KRW 15 million from a new lessee, he did not intend to do so as premium of KRW 15 million for the first time.

The Defendant: (a) by deceiving the victim as above; (b) delegated the lease brokerage contract from the victim; and (c) received a total of KRW 12 million from the new lessee on June 2, 2017; and (d) KRW 15 million on June 7, 2017 from the new lessee, the Defendant, despite having received KRW 12 million from the new lessee, shall have the victim reduced the H’s premium.

If you do not know about the reduction of the premium, H may have to know the contract. It means that H may receive 5 million won premium even if it was received 5 million won premium, and it did not notify the victim of the fact that H received 15 million won premium from H, and thus, “the premium shall be KRW 7.5 million, but the premium shall be deducted,” and this part of the original charged does not include this part, “the premium shall be KRW 7.5 million, and the premium shall be deducted on June 2, 2017,” but this part of the initial charged was not included, but the issue was discussed by the defendant’s defense during the public trial process, and even if this part is added, it is not likely to seriously disadvantage the defendant’s right to defense. Therefore, the above contents shall be added ex officio without any changes in a bill of amendment.

On June 14, 2017, by remitting only KRW 5 million to the victim on or around June 14, 2017, it acquired the difference of KRW 2.4 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement with regard to I, J, K, and H. 1.

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