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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendants 1) The victims of the misunderstanding of the facts are the Defendant A’s housing as indicated in the lower judgment (hereinafter “instant housing”).
The delegation of the management duties delegated the necessary authority comprehensively including the method of increasing the deposit for lease in relation to the disposal of defective repair costs, and using the increased monthly rent, deposit, etc. to the cost of repair of defects. As the defendant A appropriated the increased monthly rent, deposit, etc. for the cost of repair of defects, breach of trust is not established.
In addition, since the victims comprehensively delegated all the authority on the conclusion of the lease agreement on the instant house, it does not constitute the crime of forging the private document and copying the above investigation document.
2) The punishment of the lower court is heavy.
B. The prosecutor (unfair sentencing)’s sentence is somewhat weak.
2. Determination
A. 1) Comprehensively taking account of the evidence examined in the lower court’s finding of facts, the following facts are recognized.
(1) Defendant A shall do so for each of Defendant B’s premium.
Defendant
A A A In around 1996, the victim E (the relationship between victim G and the defendant is between his wife and the non-identical relationship).
Of the instant housing owned by the owner (3rd generation on the ground of the first floor), the management of the instant housing was delegated by the victim E while residing as the lessee under 102 (10 million won as a guarantee).
Defendant
B from around 2006, he resided in the above housing No. 101, and managed the above housing with Defendant A and the above housing.
② The Victim E died on October 13, 2011, and the Victim G, the legal wife of the network E, succeeds to the instant house and is currently the owner.
③ The Defendants entered into each of the following lease agreements with the lessees regarding the instant housing in the name of the victims, and received the increased deposit and monthly rent from the new lessees:
A lessee deposit (unit: 00,000 won) existing (the first contract date) new increase on June 15, 2008.