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(영문) 수원지방법원 성남지원 2017.07.13 2016고합117
특정경제범죄가중처벌등에관한법률위반(횡령)
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Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From July 200 to September 200, the Defendant is an authorized intermediary who operates the office of the “E Authorized Broker” (hereinafter “former F Authorized Broker”) located in Seocho-gu Seoul Metropolitan Government, and from July 200 to September 2015, the Defendant has been engaged in the business of managing the lease of multi-household housing located in Seocho-gu Seoul Metropolitan Government (hereinafter “instant real estate”) owned by the victim G from July 2000 to September 201, while engaging in the business of managing the lease by proxy, the receipt of rent deposit, etc.

While the Defendant had been in charge of the management of the lease of the instant real estate as above, he received the payment of the amount equivalent to the difference of the rent deposit or deposit from the lessee by changing the previous monthly rent contract into the rent contract, or raising the existing rent deposit, and received the payment from the lessee to use it at will without the consent of the victim.

Accordingly, on February 24, 2004, the Defendant changed the monthly rent of KRW 10,000 and KRW 300,000 from the monthly rent of KRW 10,000 to the monthly rent of KRW 50,000 for the above 102 after consultation with I on November 11, 2003, including the fact that the Defendant received KRW 40,000,000 from the above lessee the difference of the deposit due to the transition of the former rent of KRW 40,00,00 from the above lessee and embezzled it for his private use around that time. From around September 7, 2013 to September 7, 2013, the Defendant arbitrarily converted the rent of KRW 40,00 from the previous monthly rent of KRW 10 to the monthly rent of KRW 50,00 for the previous rent of KRW 50,00,000 from the previous lessee’s personal rent of KRW 80,000.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement of the police statement related to G;

1. Written Statement;

1. A complaint prepared by J;

1. A full certificate of registered matters, a copy of the preceding monthly rent contract, and the J power of attorney.

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