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인천지방법원 2014.10.02 2013고단7455

업무상횡령등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall pay 1220 million won to the applicant for compensation for breach of trust.

Reasons

Punishment of the crime

On December 26, 2012, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory Crime, etc.) at the Jung-gu District Court on the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory Crime, etc.) and was finally decided on April 19, 2013.

【Criminal Facts】

On February 25, 2013, the Defendant entered into a sales agency contract with the victim C, and with respect to E six households, such as the Seo-gu, Incheon, Seo-gu, 201, 202, 302, 401, 402, and 501, which was newly constructed by the victim under the name of each type D.

The Defendant ought to search for the seller in good faith by April 5, 2013 under the above contract, and in the event that the above E-six households are leased, not by sale, there is a security deposit, etc. to be borne by the victim who is the actual owner. Therefore, there was a duty not to rent in mind.

Nevertheless, around February 2013, the Defendant stated the above D's personal information in the lessor's column of the lease contract for the above E6 generation in Seo-gu Incheon, Seo-gu, Incheon, with the lessee's column as a public column, and had the lessee enter into each lease contract with the amount of KRW 24 million for the lease deposit of KRW 201, KRW 202, KRW 302, KRW 401, and KRW 25 million for 402.

As a result, the Defendant obtained property benefits equivalent to KRW 145 million in total amount of lease deposit against the above E six generations from the injured party and suffered damages equivalent to the same amount as the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Confirmation letter, sales agency contract, each real estate lease contract, confirmation letter, fact confirmation certificate, details of transactions, certified copy of the register, and details of passbook transactions;

1. Previous records of judgment: Residents, criminal records, investigation reports (Attachment of a copy of judgment), and application of a copy of judgment statutes;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The Criminal Act dealing with concurrent crimes;