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(영문) 인천지방법원 2016.06.01 2016고단1345

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


Punishment of the crime

The Defendant, with the trade name of “C” in the Nam-gu Incheon Metropolitan City, was engaged in the management of rent deposit, monthly rent, etc. when concluding a business contract with the new lessee of the building E, the victim D from August 1, 2014 to October 1, 2015, and managing the relevant officetel.

1. On September 15, 2014, the Defendant: (a) concluded a lease agreement with the tenant F, a deposit of KRW 10 million; (b) monthly rent of KRW 350,000; and (c) received deposit from F and kept the victim in custody on behalf of the victim; (c) on September 15, 2014, G leased KRW 500,000 and KRW 380,000,000 per month to the victim.

Around that time, the difference was embezzled by arbitrarily consuming 5 million won for personal purposes.

2. On December 2014, the Defendant requested H, a tenant, to pay monthly rent in lieu of a deposit increase, following the expiration of the contract, and received a total of KRW 500,000 from H ten times per month until October 2015, and embezzled for the victim, while on duty, he/she arbitrarily consumed and embezzled for personal purposes at around that time.

3. On March 26, 2015, the Defendant: (a) was on the part of the victim and was in custody for the victim of the deposit amount of KRW 5 million paid by non-permanent tenants in the name of the above officetel 501; (b) the victim was falsely deemed as the monthly rent for guarantee; (c) around that time, five million won of the deposit was used for personal purposes.

4. On May 12, 2015, the Defendant received a lease deposit of KRW 30 million from the injured party on the pretext of returning the above officetel 302 from the injured party to the revenue, and embezzled the said KRW 30 million for personal purposes at his/her own discretion.

5. On August 5, 2015, the Defendant entered into a lease agreement for KRW 801,000,000,000,000 for tenants and deposit money, and KRW 30,000,00 for monthly rent.