(영문) 서울동부지방법원 2018.11.01 2017고단4333

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2018.11.01 2017고단4333

사기미수등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

"2017 Highest 433"

1. From January 1, 2015 to May 31, 2016, the Defendant: (a) worked as the president of the Victim C Co., Ltd., Ltd. located in Seo-gu in Gwangju Metropolitan City, Seo-gu, Gwangju Metropolitan City; (b) concluded a lease contract with F and its officetel on behalf of the victim; and (c) concluded a lease contract with F and its officetel to ensure that the victim pay 10 million won the leased deposit to F.

On June 1, 2016, the Defendant terminated the lease agreement with the delegation from the injured party, and received nine million won deposit from the said lessor F and kept the money for the injured party. At that time, the Defendant consumed the said money with the mind of the National Assembly members in Seoul Metropolitan City.

Accordingly, the defendant embezzled the victim's property.

2. On May 31, 2016, the Defendant: (a) had no authority to resign from the position of the president of the Gwangju Fishery Research Institute and to act for the victim; (b) the content of the lease agreement on the “H building I” entered into between the victim and G, which was pretended to have been delegated by the victim, was reduced from 35 million won to 3.8 million won a monthly payment; and (c) the Defendant had the intent to receive the deposit of 32 million won a return of the lease deposit.

A. On July 26, 2016, the Defendant: (a) stated in the letter of delegation that he/she delegated all the rights and obligations concerning the monthly rent contract for an officetel leased by the injured party for the purpose of exercising the office; (b) stated in the letter of delegation section that he/she was “A” in the column of delegation section; (c) “A” in the name column of the delegating; (d) “A” in the name column of the delegating; and (d) “A” in the name column of the delegating; and (c) in the name of the delegating section, “C/D and the representative director K of the Gwangju Fishery Institute.”

D. The seals of the Gwangju Korean Language Institute were affixed.

The defendant is therefore entitled to exercise.

유사 판례

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