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(영문) 수원지방법원 안산지원 2016.10.13 2016고정996
횡령
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 14, 2015, Defendant A: (a) through a brokerage of a lease agreement for the building No. 2 and the building No. 102 C in Ansan-si, a member B, a member B, and a victim E, a licensed real estate agent of Ansan-si on November 14, 2015, Defendant A decided to deliver KRW 51,00,000 of the pre-paid deposit that the victim E would pay to the lessor D; and (b) received from the victim and kept the same in custody.

On December 22, 2015, the Defendant embezzled KRW 16,000,000, out of the above money for the purpose of his/her own debt at his/her own expense, while keeping the above money for the victim.

2. Fraud (2016 Highly 997) The Defendant is a tenant of 301 building G located in Ansan-si, a 301 building located in Ansan-si, who managed the said building with the authority delegated by the owner of the building and the victim I is a tenant who resided in the foregoing building with the deposit of 18 million won.

On March 26, 2013, the Defendant was sent to the account in the name of the Defendant Nonghyup Bank under the name of the Defendant, as deposit money, on the ground that “the inside of the building is the owner of this building, and the deposit money was increased by KRW 2 million,” which was sent by the victim who believed that it was paid KRW 2 million to the Defendant under the name of the Nonghyup Bank around the 26th of the same month.

However, the facts were that the defendant was not the owner of the above building, and there was no delegation from the owner of the building with the authority to increase the deposit for lease on a deposit basis, and the money received as above was discharged from all personal debts of the defendant.

Accordingly, the defendant deceivings the victim and defrauds the above 2 million won.

B. Around August 2015, the Defendant received money from the victim under the name of deposit money as above from the victim who believed that “the inside of the building is the owner of the building of this case, and the deposit money was increased by KRW 10 million” from the victim who believed that it was transferred to the above account as the deposit money.

However, the defendant was not the owner of the above building, and was not delegated by the owner of the building with the authority to increase the deposit for lease on a deposit basis, and the money received as above.

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