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(영문) 춘천지방법원 원주지원 2015.07.07 2015고단381
업무상횡령등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From February 2010 to June 2012, the Defendant engaged in the conclusion of a studio lease agreement and the collection of public charges, such as electricity, etc., for each studio D owned by the injured party B in the original city, from February 2010 to June 2012.

On March 10, 2011, the Defendant concluded a lease agreement with E as to the foregoing D 305 and concluded a lease agreement with E with the content of “50,000 won in deposit and monthly rent of KRW 2,20,000,000 for a year (in advance payment of monthly rent) from E, and entered into a lease agreement with the victim with the content of “2,00,000 won in deposit and monthly rent of KRW 2,00,000,000 for the sake of the victim’s occupation.” At that time, the Defendant arbitrarily consumed KRW 3,95,990 for personal purposes, such as living expenses.

In addition, the Defendant arbitrarily consumed total of 15,621,680 won from March 10, 201 to December 4, 2012, as shown in Appendix I, as shown in Appendix I.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant, as stated in paragraph (1), was engaged in the business of concluding a lease agreement for studio D in the original city, the ownership of which is B, and the collection of public charges, such as electricity, etc., and had actually received KRW 2.2 million from the lessee, with a view to forging a lease agreement under the terms of paying monthly rent for each month even though he actually received KRW 1,200,000 from the lessee.

On March 10, 2011, the Defendant voluntarily signed the aforementioned D 107, which was used by the Defendant, in the column for location of the site for the real estate lease contract, the Defendant stated “C”, “305,000 won” in the column for the deposit, “E” in the column for the rent, and “E” in the column for the lessee’s name.

Accordingly, the defendant has forged one copy of the real estate lease contract in the name of E, which is a private document concerning rights and obligations for the purpose of uttering, and at that time, he has forged it to B who is aware of the forgery.

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