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(영문) 수원지방법원 안산지원 2015.10.26 2015고단761
업무상횡령등
Text

Defendant

A Imprisonment with prison labor for three years and for six months, respectively.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2015 Highest 761"

1. In around 2009, Defendant A and B concluded a housing management contract for multi-family houses located in the common districts of Ansan-si with the victim D and Ansan-si, in order to use the preexisting monthly rent contract as operating expenses, etc. of the real estate office operated by Defendant B when receiving the deposit from the lessee by converting the preexisting monthly rent contract into the preexisting monthly rent contract.

On October 9, 2009, the Defendants entered into a lease contract with G, which is the lessee of the above multi-family house 202,00,000 won, with G, which is the lessee of the above multi-family house 202, and kept the above deposit money from G to the agricultural bank account in the name of Defendant B, and the remaining KRW 19,000,000 was used as the deposit money for the existing monthly rent lessee, and the remaining KRW 19 million was used as the operating expenses of the real estate office operated by Defendant B.

B. On December 16, 2010, the Defendants entered into a lease contract with H, a lessee of the said multi-family house 203, with the deposit money of KRW 23 million, which is the lessee of the said multi-family house, at the F Licensed Real Estate Agent Office. Defendant A received from H in cash the deposit money of KRW 23 million from H and delivered it to B. Defendant B while keeping the deposit money, the amount of KRW 3 million was returned to the existing lessee as the deposit for the monthly rent, and the remainder of KRW 20 million was used as operating expenses of the real estate office operated by himself.

Accordingly, the Defendants conspired and embezzled the victim's property.

2. Defendant A

A. A. On November 16, 2013, the Defendant: (a) entered into a housing management contract for a multi-family house located in the victim D and the Y-gu I in Ansan-si; and (b) was engaged in the duties such as concluding a lease contract for the said multi-family house and managing security deposits for the said house.

On January 27, 2014, the Defendant is to JJ in Ansan-gu, Busan-si.

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