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(영문) 서울중앙지방법원 2016.08.31 2016고단1641
횡령등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of one million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

The Defendants and the victim C entered into a lease contract with respect to the above apartment and conspired to use the deposit to the account in the name of the victim who opened the deposit arbitrarily, upon being delegated with the authority to make a monthly tax contract with respect to D apartment 101-1309, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Yan-gu, the victim owned by the victim.

1. On October 7, 2010, the Defendants jointly committed the crime (franchising of private documents and exercising the above investigation document) of the Defendants, without authority, entered Defendant B in the form of a bank transaction application form “C”, “E”, “E”, and “G” in the mobile phone column, and written in the cell phone column “C” in the name of the applicant himself/herself with a stample on the paper of the bank transaction application form and entered “C” in the resident registration number column, “E”, and “G” in the cell phone column, and was in possession of “C” in advance to the customer column at the bottom of the site.

C’s seal was affixed to the above bank employees, and as if they were the document duly formed, it was disturbed.

As a result, the Defendants conspired to forge and exercise one copy of the request for bank transaction in the name of C, a private document on rights and obligations.

2. On October 7, 2010, Defendant A’s sole crime (Embezzlement) entered into a real estate lease agreement with the lesseeJ and the lease term from October 15, 2010 to October 14, 2012 with respect to the said apartment, with the authority delegated by the victim of the International Authorized Brokerage Office located in Seocheon-gu, Seocheon-gu, Seocheon-gu to make a lease agreement, and the lease agreement was concluded between the lesseeJ and the lessee to pay 6.2 million won for the down payment and 43.8 million won for the remainder of 43.8 million won for the lease deposit under the said agreement was transferred to the new bank account under the name of the victim established as above, and then withdrawn the above 50 million won from October 15, 2010 to October 16, 2016 to use the Defendant’s residence deposit, etc. at his/her discretion.

In this respect.

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