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(영문) 서울중앙지방법원 2013.06.14 2012고단5718

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On May 18, 2012, the Defendant was sentenced to imprisonment for three years and six months in Seoul Northern District Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), and the judgment became final and conclusive on April 11, 2013.

【Criminal Facts】

1. On January 11, 2002, the Defendant leased the 3rd floor building located in Jung-gu Seoul Metropolitan Government D to the victim F according to the delegation of E, a building owner. The victim entered into a lease agreement under the name of G, a partner, and operated an Ansan retail store along with G, with the trade name of “H”.

Around May 2009, the Defendant made a false statement to the victim that “H would renew the lease agreement upon the payment of the lease deposit by increasing KRW 450 million to the victim.” However, the Defendant did not have any intent or ability to renew the lease agreement even if the consent or permission on the renewal of the lease agreement was not obtained from the building owner E and the victim was granted KRW 450 million from the victim.

On October 30, 2009, the Defendant, by deceiving the victim as above, remitted 250 million won to the Korean bank account (Account Number: I) in the name of the suspect on October 30, 2009. On May 6, 2010, the Defendant received property worth KRW 450 million in total by receiving KRW 200 million from the same account.

2. Around October 2010, the victim G was filed with the Seoul Central District Court for a claim against the Defendant for the return of KRW 450 million of the lease deposit as stated in paragraph (1) (201Gahap7982). The Seoul Central District Court sentenced the Seoul Central District Court on September 30, 201, that “the Defendant shall pay to the Plaintiff KRW 450 million and damages for delay.”

In order to escape compulsory execution according to the above judgment, the Defendant’s real estate No. 1301, K apartment No. 1301, which is owned by the Defendant in the Dobong-gu Seoul Metropolitan Government J around December 16, 201, is a clerical error of “L” in the Defendant’s wife L bill.

The transfer shall be made in a false name and completed the registration of transfer of ownership in L's name, and January 3, 2012.