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The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
Reasons
1. The summary of the facts charged B and the Defendant A are employees of the Victim C or D Co., Ltd. or the sales agent company, who are in charge of leasing and managing 93 rooms of the 6th shop in the “F” located in Pyeongtaek-si E Co., Ltd. (hereinafter “F”) owned by the victimized company (hereinafter “instant commercial building”). G is a certified intermediary.
B and Defendant A, even though the lease contract for the commercial building of this case was concluded without going through the brokerage of G, was prepared as if it was done through the brokerage of G, and requested the company to pay a commission to G by claiming a brokerage fee, and was also gathered to be used.
B, on November 23, 2007, even though the lease contract was concluded with H without a broker, among the instant commercial buildings, the Defendant A instructed the lessee to prepare a false draft statement as if the lease contract was concluded through G brokerage. Accordingly, the Defendant A, by means of preparing a draft statement allowing the victimized company to pay KRW 3 million to G as brokerage commission, and submitting it to the victimized company, by deceiving the victimized company to receive KRW 3 million from the time of transfer to the Agricultural Cooperative Account (I) in the name of G on December 12, 2007, and by receiving KRW 3 million from October 27, 2008 to October 27, 2008.
Accordingly, in collusion with B and G, Defendant A acquired a total of KRW 26 million from the victimized companies.
2. Determination:
(a)For records, the following circumstances are recognized:
① At the time, G, upon delegation of the exclusive brokerage right to the instant commercial building by Defendant A (the vice head at the time), provided public relations with large and small banners in the vicinity of the commercial building, and provided brokerage services by introducing those who reported the banner and advertisement to Defendant A, and Defendant A does not need to affix the seal to the lease agreement.