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Reasons
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(영문) 서울북부지방법원 2013.07.03 2013고단948
배임
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant borrowed KRW 60 million from the victim C on March 21, 2007, and KRW 100 million on April 2, 2007, and decided to pay up to April 2, 2009, while the Defendant borrowed KRW 100 million from the victim C to pay up to April 2, 2009. In order to secure the repayment, the Defendant provided the victim with the right to return the lease deposit amount of KRW 100 million on the first floor of the Dongjak-gu Seoul Metropolitan Government DD building, which the Defendant planned to operate the border point, as security.

On April 1, 2007, the Defendant leased the above No. 104 from the owner E of the first floor of the building No. 104, the above No. 104 during the lease period from June 1, 2007 to May 30, 2009, and issued the original copy of the above lease agreement to the victim so that the Defendant could not receive a refund of KRW 100 million from E during the lease period from the victim E.

As above, the Defendant provided the victim with a claim for the return of the above lease deposit amounting to KRW 100 million as security, and delivered the original of the lease contract to the victim, the Defendant had the duty to maintain the substantial security right to the claim for the return of the above lease deposit until repayment of the above loan deposit was made, and to avoid unreasonably decreasing the value of the security, such as the repayment of the deposit for the lease deposit after the victim went after.

Nevertheless, the Defendant violated his duties and received from E the refund of KRW 80 million remaining after deducting overdue rent of KRW 100 million from the victim's future lease deposit of KRW 100 million from the victim E around April 30, 2008, and used it in repayment of other obligations, thereby acquiring property benefits of KRW 80 million and causing property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A criminal investigation report (report on a sales contract, filing a sales contract, etc.);

1. Cash chassis;

1. Application of Acts and subordinate statutes on a real estate lease contract;

1. Criminal facts;

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