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(영문) 수원지방법원 안산지원 2013.11.14 2013고단2320
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant pays 501,00,000 won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

From December 2003 to September 5, 2013, the Defendant entered into a lease agreement with the tenants of the above Dtel and received the lease deposit and delivered it to the victim by being entrusted with management affairs, such as the conclusion, renewal, etc. of the lease agreement with the 28 Dtel in Ansan-si, the victim owned.

1. Occupational embezzlement;

A. On September 30, 2008, the Defendant, at E Licensed Real Estate Agent Office operated by the Defendant, entered into a contract with F to increase the lease deposit amount of KRW 5 million and renew the existing lease contract between F and F on behalf of the victim C in the E Licensed Real Estate Office (the State) on behalf of the Defendant, and embezzled the instant officetel 503 by using the increased lease deposit amount of KRW 5 million for the same day, while receiving it from F and keeping it for the victim in custody for business purposes, without delivering it to the victim.

In addition, as indicated in attached Table 1 Nos. 1 through 11, the Defendant entered into a contract with the existing person having chonsegwon to increase the deposit and renew the lease contract in the above manner from around the above time to November 7, 2008, and received the increased lease deposit, and embezzled it for personal use while the Defendant was in business custody for the victim.

B. On February 24, 2011, the Defendant entered into a lease agreement with the 601 tenant G on behalf of the victim C at the above E Licensed Real Estate Agent Office, and received the lease deposit amount of KRW 50 million from G on the same day, and made a false conclusion that the victim entered into a monthly lease agreement with KRW 35 million and KRW 150 million for the victim while carrying out his/her duties on behalf of the victim. At around that time, the Defendant issued KRW 35 million to the victim, and then delivered KRW 15 million for the remaining 15 million for personal purposes.

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