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(영문) 수원지방법원 안산지원 2013.09.27 2013고단871
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant pays 104,626,600 won to the applicant for compensation.

Reasons

Punishment of the crime

A. From January 27, 2012 to February 28, 2012, the Defendant: (a) received a request from the father D of the above C to obtain a loan by taking as collateral No. 302 from the above C’s father D; (b) obtained a loan of KRW 108,00,000 from the above C’s name; and (c) embezzled money of KRW 104,626,600, excluding expenses such as fees, etc. among them by taking out a loan under the above C’s name; and (d) used the above money for the Defendant’s debt repayment and investment money from around February 28, 2012.

B. The Defendant was delegated with the conclusion of a lease agreement with the Defendant, who was engaged in real estate brokerage in the course of operating the GAD brokerage office in Ansan-si, Ansan-si, and with the content that the Defendant would deposit 2,00,000,000 won and monthly tax 200,000 won for H 103 in Ansan-si, the victim as the victim.

Nevertheless, around June 8, 201, the Defendant entered into a lease contract with I and the above 103 won as to the above 7,000,000 won, monthly rent of KRW 120,000,000, at the above G Certification on or around June 8, 201, and received deposit amount of KRW 7,00,000 from the above I and paid KRW 2,00,000,000 to D while kept for the above D, and embezzled that amount of KRW 5,00,000, as the Defendant did not deliver it.

C. The Defendant: (a) forged a private document and uttering of a private document; and (b) the Defendant

As described in the subsection, although the lessor was delegated by the lessor to enter into a lease agreement of KRW 2,00,000, monthly rent of KRW 200,000, and KRW 100,000, for the purpose of exercising the right, the monthly rent contract of KRW 7,000, KRW 120,000 for the deposit, monthly rent of KRW 120,00 for the lessor’s name and KRW 1 copy of the monthly rent contract in the name of the foregoing D, which is a private document on rights and obligations, shall be forged with the seal affixed by the lessor and affixed the seal affixed by the lessor in advance to the name of the lessor. As such, as if the forged monthly rent contract was genuine, the 103 lessee may be aware.

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