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(영문) 서울동부지방법원 2017.11.24 2016고합200
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) has been engaged in the work of entering into a lease contract and receiving rent deposit for the victim, while serving as a total of 22 bonds manager including Gangdong-gu Seoul Metropolitan Government F, which was owned by the victim E from October 2001 to October 201.

On April 8, 2003, the Defendant concluded a lease agreement with the lessee to increase the rent deposit amounting to KRW 28 million from the lessee H to KRW 22,00,000,000 at the Gangdong-gu Seoul Metropolitan Government F Office on July 8, 2003, and used the rent amounting to KRW 18,000,000 for personal purposes, such as living expenses, at will around that time, while receiving the difference of rent deposit from the above H and for the victim.

In addition, from around that time to December 10, 2014, the Defendant received a total of KRW 830,900,000 from the lessee in the same way, such as the list of crimes (1) in attached Form 84 times in total, and embezzled the property of the victim by consuming it in mind.

B. Around January 9, 2007, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) concluded a lease agreement with the victim E, which manages the housing funds owned by the victim, with the delegation of the victim E, and then changed the existing lease deposit from KRW 25 million to KRW 10 million.

The reduced rental deposit shall be refunded 15 million won to the lessee.

“A false representation was made.”

However, in fact, the defendant did not have entered into a contract with the lessee to reduce the rent deposit and convert it into monthly rent as above. Since the defendant was aware that he would have to receive the reduced lease deposit from the above I, he did not have the intention or ability to pay the above lease deposit to the lessee.

The defendant deceivings I as above.

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