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(영문) 의정부지방법원 고양지원 2018.02.09 2017고단1814
배임
Text

The defendant shall be innocent.

Reasons

1. On March 11, 2016, the Defendant shall invest the victim E and the victim (E) in Busan-gu, Busan-gu, in the Defendant, KRW 150 million,00,000,000,000,000 on behalf of the victim, and the Defendant shall establish and operate the Fice Center on behalf of the victim, and deliver it to the victim again three months after the date.

The lease deposit and premium, etc. for a store shall be owned by the victim of the investor.

'Formulate a management entrustment contract with the content of the contract.

Accordingly, on March 10, 2016, the victim KRW 10 million around March 10, 2016;

3.11. Minority KRW 90 million;

3. 17.5 million won was remitted to the Agricultural Cooperative Account (F) in the name of each of the Defendant.

Therefore, the Defendant had a duty to lease a commercial building for the victim with the investment deposit of the victimized party, and to establish a display center after the lease of the commercial building, and to deliver it to the injured party for his normal operation three months after the lease.

Nevertheless, the Defendant concluded a commercial lease contract with the deposit of KRW 70,000,000 for the establishment of the above insignia, but the lessor G G G Co., Ltd. paid only KRW 40,000 as the deposit for the lease, and did not pay the amount equivalent to KRW 28,00,000 for the commercial rent from April 2016 to July 2016, which was delivered to the victim, to be deducted from the deposit for the lease.

In addition, on June 3, 2016, the defendant prepared a letter of waiver to waive the lease contract if the above lessor fails to pay all the remainder of the lease deposit and the rent by June 30, 2016, and caused the termination of the lease contract.

As a result, the Defendant inflicted property damage equivalent to KRW 70 million, which is equivalent to the deposit money for commercial lease on the victim and acquired profits.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the only evidence submitted by the prosecutor is the accused.

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