beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant, the owner of the Etel located in Gangdong-gu Seoul Metropolitan Government, processed the officetel management work, such as the collection of officetel management expenses, parking management, cleaning, etc. from the victim F, and entered into a lease agreement on the basis of the trade name “G” on the first floor of the above officetel, when the term of lease of the above officetel tenants expires, the Defendant individually entered into a lease agreement with the victim’s delegation.
Therefore, the Defendant is not allowed to enter into an officetel lease agreement or a contract to amend the terms and conditions of the agreement with the tenant because the Defendant was not delegated comprehensively by the victim to enter into an officetel lease agreement or a contract to amend the agreement. There was a duty to enter into a lease agreement with the tenant.
1. On October 4, 2008, the Defendant, in violation of the above duties, concluded a lease agreement with the tenant H with respect to the above officetel 305,00,000,000,000,000,000,000,000,000,000,000 won, which was paid to the previous tenants from H, without notifying the victim of the above fact, voluntarily consumed it due to the Defendant’s debt repayment, etc.
As a result, the Defendant incurred property damage by having the victim bear the obligation to return the lease deposit amount of KRW 35 million to H, and the Defendant acquired property benefits equivalent to the same amount.
2. On December 20, 2008, the Defendant issued a lease contract with the tenant I for the instant officetel 603, in violation of the above duties, but notified the victim as if he had entered into the lease contract with the tenant I for the instant officetel 603, the monthly rent of KRW 10 million, and KRW 5 million for the victim, and KRW 5 million for the monthly rent of KRW 5,500,000,000 to the victim, and then voluntarily consumed the difference of the deposit by the Defendant’s debt repayment, etc.