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(영문) 대전지방법원 2013.05.30 2012고단3669
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From 2005, the Defendant was working as an assistant at the real estate brokerage office. On November 15, 2005, the Defendant purchased the 401 studio from the victim C in the name of the Defendant’s kynas, and leased the studio under the name of the Defendant’s kynas, and transferred the leased profits to the victims. On the same day, the Defendant completed the registration of transfer of the studio under the name of E with respect to the above studio on the same day, and was engaged in the lease management of the studio from that time.

On February 4, 2009, the Defendant entered into a lease agreement with the G Office located in Daejeon U.S.F on the lease deposit of KRW 20 million from February 25, 2009 to February 24, 2010 for the lease deposit of KRW 20 million from February 16, 2009, and embezzled the above KRW 20 million for personal purposes, such as paying the Defendant’s credit card payment debt, etc., in the course of the transfer of the deposit of KRW 20 million to the one bank (I) account in the name of the Defendant for the victim on February 16, 2009.

[Attachment] On February 2010, the Defendant: (a) was working as a broker at the K office located in Daejeon U.S. J 102, Daejeon U.S., the Defendant kept M’s seal upon the request of M, the owner of the said house from M, who was the owner of the said “Seong-gu LA Dong 302, U.S.A. L. 302; and (b) used the leased house to lease the said house to “Seong-gu,” and used the leased deposit money to use the Defendant’s credit card debt, etc. free of charge.

1. On February 25, 2010, the Defendant forged private documents at the above K office: (a) the location of the real estate lease agreement; (b) the deposit; (c) the deposit; (d) the down payment; (c) the down payment; (d) the remainder; and (e) the lessor, the “M”, the lessee, and the “N”.

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