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(영문) 광주지방법원 2014.09.24 2014고단2844
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant has been delegated with the management of buildings with respect to 18 households of the Seo-gu building in Gwangju, Seo-gu owned by the victim C from December 2, 2009 to October 2013, and entered into a monthly rent lease contract.

On the other hand, when the defendant is delegated with the above duties, the victim's Dong F, who received monthly rent from the victim's Dong F, and embezzled it. Therefore, it is impossible to believe the F and change the building manager. Therefore, the monthly rent was justifiable to the effect that the tenant should not be allowed to transfer it to the account directly designated by the victim, and even if he receives any demand related to the monthly rent of the building from F.

On the other hand, around August 201, the Defendant, at the office of the building in question, concluded a lease agreement with the tenant at the beginning of the lease agreement with the tenant and the tenant at the beginning of the lease agreement, and used the lease deposit with the tenant at will. On the other hand, it is difficult to say that no one is aware of the monthly rent when sending the lease agreement to the account designated by the tenant at the end of each month. Upon receipt of the request from the F at the time, the Defendant was in bad credit standing, and the F at the time was unable to recover the lease deposit because it was not possible to recover the lease deposit due to the failure of the Defendant to repay the money borrowed from the Defendant, in violation of the above business duties, the Defendant was able to arbitrarily receive the amount of the lease deposit and let the F use it.

The Defendant, around August 10, 201, entered into a lease agreement with the lessee G on the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of KRW 23

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