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(영문) 서울동부지방법원 2018.02.02 2017고합322
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

【Defendant B’s criminal records】 The sentence of imprisonment with prison labor for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Southern District Court on April 30, 2014 and three years of suspended execution for a year and two months; and

5. 8. The judgment became final and conclusive.

【Criminal facts】 The Defendants are the children of G, whose uniforms are the same kind of punishment.

On November 22, 2011, Defendants and G entered into a contract for lease of 113 Dong 2503, Songpa-gu, Seoul with Defendant A as the lessee, and the victim I (Death on August 30, 2016), a lessor, as the co-owner of the said apartment, paid KRW 500 million in total as the deposit for the lease deposit, until December 14, 2011.

On March 11, 2013, the Defendants transferred Defendant A’s claim for the return of the deposit for the deposit for the deposit for the lease on an apartment complex to the J, a creditor of Defendant B, as a repayment of debt. On March 28, 2013, Defendant B and J consent to only the victim and transfer Defendant B’s claim for the return of the deposit for the lease on an apartment complex from Defendant A to J.

“A victim’s signature was received in a written consent to the transfer of bonds to the effect that “......”

Meanwhile, according to the statement of the lease agreement of this case on December 13, 2013, which is the expiration date of the above lease agreement, Defendant B, as of December 13, 2013, the expiration date of the lease agreement of this case is December 13, 2013, and Defendant B, as of December 14, 2013, is obvious that “the date indicated in the indictment,” which is the date indicated in the indictment, is a clerical error, thereby correcting it ex officio

Around that time, the victim requested the extension of the lease term by two months and obtained consent.

Defendant

A and G, around February 18, 2014, after the lease period expires, around February 18, 2014, the victim met with the Plaintiff by having the said deposit repaid at the office of LAAAD Certified Broker's Office located in Songpa-gu Seoul Metropolitan Government, and the victim met. As above, even if the victim consented to the transfer of the claim as above, the victim delivered KRW 500,000,000,000,000,000,000,000,000,000,000,000

However, as seen later, G is around February 20, 2014.

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