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(영문) 수원지방법원 안산지원 2014.09.23 2014고단899
업무상횡령등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant did not have a licensed real estate agent qualification certificate, and operated the “C Licensed Real Estate Agent Office” from around 2005 to February 2010.

While the Defendant entrusted the construction of the building owner to the victims who became aware of the opportunity to trade the studio, and had been in charge of the receipt of deposits, monthly rent, public charges, etc. from the tenants, and had not been able to make profits due to the decline in the number of brokerage due to the aggravation of the real estate competition, it was used for personal purposes, such as employees’ pay, office monthly rent, and public charges, and living expenses. The fact that the victims intended to conceal such embezzlement was to have entered into a monthly rent contract even though they concluded a monthly rent contract, the Defendant committed the following crimes with the intent to forge and exercise the relevant documents, as if the monthly rent contract was concluded, even if the monthly rent contract had not been deposited.

1. The Defendant committed the crime against the victim D, from December 14, 2006, has been in charge of the management of the building of the studio E in Silung-si owned by the victim.

A. A. A. On January 17, 2009, the Defendant entered into a lease agreement with the tenant G in the “C Licensed Real Estate Office of Korea” located in F in Sin Sinsi, and received a deposit of KRW 20 million from the tenant G and embezzled it for the victim. Around that time, the Defendant: (a) concluded a lease agreement with the tenant for KRW 301 at the same place on April 12, 2009; and (b) embezzled it for personal use, such as employee pay and office operating expenses; and (c) the Defendant embezzled it by voluntarily consuming it for personal use, such as employee pay and office operating expenses.

3. The Defendant deposits to I and 302 tenants at the same place on July 2, 2009.

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