특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for two years.
The charge of evading compulsory execution among the facts charged in the instant case is acquitted.
Punishment of the crime
On January 6, 2012, the Defendant was sentenced to one year to imprisonment for a violation of the Public Property and Commodity Management Act in Seoul Eastern District Court 201No1456, and the judgment was finalized on May 9, 2012.
The Defendant is the representative director and the actual operator of E Co., Ltd. (hereinafter referred to as “E”).
Around April 30, 2008, the Defendant entered into the entrustment management contract (the first consignment contract) with the Seoul Sports Facilities Management Office (hereinafter “Management Office”) and the 1,500 pages of the G annexed parking lot located in Songpa-gu Seoul Metropolitan Government (hereinafter “instant parking lot”) for one year from May 1, 2008 to April 30, 2009 (round October 31, 2008, H changed the contract term to May 31, 2009) with the commission fee of 2.3 billion won. Around May 30, 2009, the Defendant concluded the entrustment management contract with the entrustment period of 2.3 billion won (the first consignment entrustment contract was changed to May 31, 2009); the entrustment fee was reduced to 1,209 to 1,709, and the entrustment fee was reduced to 705,707,707).
However, as above, at the time of concluding the second consignment contract, the Defendant received a loan of approximately KRW 1.3 billion from a financial institution in arrears pursuant to the first consignment contract, and the Defendant concluded the second consignment contract with the right to use and profit-making from the instant parking lot from another debtor, such as the loan from another debtor up to KRW 1.4 billion, the Defendant did not have the intent or ability to pay the entrustment fee as agreed as above, and the profits from using and profit-making from the instant parking lot pursuant to the second consignment contract was presumed to have been concealed to the account in the name of the Defendant or the Defendant, not to the account in the name of E, the person operating the instant parking lot, but to the account in the name of the Defendant or the Defendant.
Nevertheless, the defendant deceivings the management office as above and from June 1, 2009.