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(영문) 서울북부지방법원 2016.07.07 2016고단60

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

피고인은 피해자 E의 이모인 사람으로서 성매매업소 인 안마 시술소를 장기간 운영하는 등 평소 화류업계에 대하여 잘 알고 있는 점을 이용하여, 2014. 10. 초순경 단란주점 운영을 원하는 피해자에게 ‘ 단란주점을 하기에 좋은 가게가 나왔는데, F은 텃새가 심하여 혼자 영업을 하기 어렵다.

Along with F’s well-known good knowledge of the following: (a) by soliciting the opening of a public entertainment bar for the extent of living expenses for six months per week and managing a public entertainment bar for six months per week; (b) in order for the victim to open a public entertainment bar; (c) around that time, the victim invested in full amount to open a public entertainment bar in the victim’s name; (d) the victim agreed with the victim to open a public entertainment bar in the victim’s name; and (e) the victim made an agreement with the victim to have his/her life, business, and fund management for six months.

1. Around October 17, 2014, the Defendant and the aggrieved party leased commercial buildings located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, and 1 underground floors, and entered into a contract with H, the owner of the said commercial building, referred to as “E” and “object: (a) the lessor He refers to “A” with respect to the lease of the said building; (b) the deposit amount: KRW 20 million; (c) monthly rent: KRW 2.6 million; and (d) the lessor: H and B: lessee; and (e) the Plaintiff entered into a real estate lease agreement with “A” and “B.”

The Defendant and the victim suffered approximately KRW 100,000 from the above time to November 201, 2014, and continued the operation of the above main points around the time, with the trade name called "Ising shop", around November 16, 2014. A business license was granted under the victim's name; around November 26, 2014, the Defendant and the victim registered the business under the victim's name; and thereafter, the Defendant started the operation of the said main points.

The Defendant is operated by H on December 23, 2014 at the first floor of the above building.