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(영문) 인천지방법원 2014.12.11 2014고합173

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On June 27, 2014, the Defendant was sentenced to imprisonment with prison labor for one year, six months and 40 hours at the Incheon District Court, due to indecent act by compulsion, etc., and the judgment became final and conclusive on August 28, 2014.

【2014Gohap173】

1. AB real estate office located in Songpa-gu Seoul Metropolitan Government AB on March 2, 2012, the Defendant would sell 50% of the shares and management rights of E in Jung-gu, Incheon, Jung-gu, which is jointly owned and whose domestic management is delegated and whose management is entrusted. The above hotel is not subject to any lease agreement, and if E shares and management rights are purchased, it would divide business registration into a joint name and divide profits. Moreover, if cash is paid, the Defendant would cancel the right to collateral security set up in the above real estate with the creditor AD, debtor A, and maximum debt amount of 200 million won.”

However, around May 6, 2011, the Defendant entered into a lease agreement with the lessee AE in the name of G, AC with respect to the first floor of the O of Jung-gu Incheon, Jung-gu, Incheon, with a rental deposit of KRW 50 million, and monthly rent of KRW 3.5 million. The Defendant did not think of cancelling the registration of the establishment of the neighboring mortgage even if the victim received cash payment from the victim, and there was no intention or ability to transfer the right to operate the hotel under the joint name even if the victim purchased the shares.

Nevertheless, as above, the Defendant deceiving the above victim, and acquired the above victim's money from the victim on March 6, 2012 as down payment, KRW 1 billion on August 8 of the same month, and KRW 40 million on the pretext of brokerage commission, and acquired it by deception.

2. A theft Defendant is a victim’s S office located in Jung-gu Incheon Metropolitan City, Jung-gu, and was on a book.