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(영문) 수원지방법원 안산지원 2014.07.03 2014고단67
업무상횡령등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2014 Highest 67] The Defendant served in the E-real estate brokerage office operated by the Defendant’s type D in Sinung-si from February 2, 2006, and on January 25, 2007, on November 30, 2007, 15 households among the multi-family houses located in G from the Victim F, 2 households among the multi-family houses located in G from the Victim H on November 30, 2007, and on November 30, 2007, the Defendant was entrusted with the management of the building for one household among the multi-family houses located in K from the VictimJ on November 30, 207.

1. On May 23, 2008, the Defendant, at the above E-Real Estate Brokerage Office, entered into a lease agreement with L and Si 305 housing for the victim F, and received KRW 25,00,000 as the deposit money, and was kept in custody for the said victim for the purpose of personal debt repayment and living expenses, etc. around that time, the Defendant used it for the victim’s personal debt payment and living expenses. The Defendant entered into a monthly tax contract with the victim, and paid KRW 2,00,000 and monthly KRW 240,000 for 23 months.

From around that time to October 8, 2010, the Defendant consumed the total of KRW 118,660,000 by the same method in the same eight times from Silung City or Incheon, such as the list of crimes in attached Table (1).

Accordingly, the defendant embezzled the victims' property.

2. Around May 2010, the Defendant embezzled monthly rent of KRW 180,00 from N, a lessee, M 202, at the above E-Real Estate Brokerage Office, for the purpose of personal debt repayment, living expenses, etc., around that time, while he was in custody for the victim F.

From around that time to October 2010, the Defendant consumed 7,080,000 won in the same manner as the monthly rent, which was received from the total of 8 lessees at Silung-si or Incheon, as shown in the list of crimes in attached Form (2).

Accordingly, the defendant is the victim.

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