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(영문) 서울북부지방법원 2020.01.31 2019고합377
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

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

Reasons

Punishment of the crime

"2019, 377"

1. Around June 7, 2004, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) was in charge of the management of buildings and the conclusion of lease contracts in Dobong-gu Seoul Metropolitan Government Office Officetel after becoming a victim B corporation around February 2019.

The above officetels was managed as the monthly rent of KRW 5 million to KRW 10 million, and the monthly rent of KRW 500,000 to KRW 500,000,000, and the Defendant was also delegated by the victim to renew the contract or to conclude a new lease contract within the same scope, so the Defendant entered into a monthly rent contract with the lessee as the representative of the victim so that the contract can conform to the purpose and scope of the delegation, and there was an occupational duty that should not enter into a contract different from the purpose and scope of the delegation without the consent of the victim.

Nevertheless, on October 24, 2013, the Defendant violated the above occupational duties, concluded a lease contract with E Licensed Real Estate Agent Office located in Dobong-gu Seoul Metropolitan Government D1, and entered into between F and F with a lease contract with a lease deposit of KRW 65 million and received the lease deposit amount of KRW 65 million from F around that time, the Defendant issued a false contract to the victim as if he entered into a lease contract with F with a lease deposit of KRW 5 million and KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

As above, the Defendant suffered property damage worth KRW 60 million from the victim in violation of his/her occupational duties. From around that time to around January 10, 2019, the Defendant entered into a lease agreement on each subparagraph of the above officetels with the lessee in the same manner, such as the list of crimes (1) and entered into between around the same time and around January 10, 2019, thereby incurring property damage worth KRW 720 million in total to the victim.

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