사기등
A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
[Criminal Power] On March 29, 2013, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Illegal Check Control Act at the Seoul Central District Court and 2 years of suspended execution, and the judgment became final and conclusive on July 10, 2013.
[Basic Facts] The owner of the "D Co., Ltd." in Dobong-gu Seoul Metropolitan Government is E, and around November 2009, F leased the said Co., Ltd. from the above E with a deposit of KRW 60 million, monthly rent of KRW 7 million, and the lease period from November 1, 2009 to 60 months.
Around August 9, 2011, the Defendant concluded a “transfer contract for acquisition and transfer of rights” with the said lessee F to acquire all facilities and business rights of the said joint wholesale market, and agreed to pay KRW 180 million out of total premium of KRW 480,000,000,000, and the remainder of KRW 300,000,000,000 annually from August 9, 2012 to pay the interest calculated at the rate of KRW 10,000 per month for the unpaid balance.
The remainder of KRW 100 million paid from May 24, 2012 to November 20, 2012, but the default on January 2, 2013.
On August 23, 2011, the Defendant, the owner of the said joint wholesale market, entered into a shop lease agreement with the said E (a deposit of KRW 60 million, KRW 7 million monthly rent, and KRW 60 million from August 23, 2011), stating in the lease agreement the phrase “A (Defendant) shall not exceed a third party’s transfer, acquisition, or lease agreement without the consent of F.”
On August 23, 2011, the Defendant entered into a contract for the establishment of security for movable property and rights by means of transfer, which covers the right to lease based on a lease agreement between the Defendant and F, in order to secure the remainder of KRW 300 million among the key money for the said F’s premium against the Defendant, the lessee, and the said F.
【Criminal Facts】
1. On August 1, 2011, the accused of fraud was the victim G at a mutually influent restaurant located in the Seongbuk-gu Seoul Metropolitan Government Yungdong on the second and second floor of D joint market.