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(영문) 인천지방법원 2013.07.17 2013고합132 (1)

감금치사

Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

All applications for compensation order filed by an applicant for compensation shall be dismissed.

Reasons

On January 7, 2010, the Defendant was released on March 30, 201, while he/she was sentenced to imprisonment for a crime of fraud at the Seoul Western District Court on January 7, 201, and was reinstated on March 30, 201.

4.25. A person whose parole period has expired.

Around October 22, 2012, the Defendant recruited investors of J, etc. and engaged in the business of newly constructing and selling Bara by purchasing approximately KRW 1,570 square meters of land in Jongno-gu Seoul, Seoul, which is owned by the victim K (54 years of age). On or around October 22, 2012, upon entering into a land sales contract with the victim, the Defendant paid KRW 300 million as the contract deposit out of KRW 6.1 billion of the land price. The remainder was financed by borrowing KRW 6.5 billion from the foreign exchange bank under the condition that the construction permit for the said land was granted, and paid KRW 5.8 billion of the remainder by January 30, 2013. However, on or around November 19, 2012, the Defendant returned an application for permission for development of the said land at Jongno-gu Seoul, which is the competent administrative agency, and the Defendant continued to develop part of the said land on the agreed date. However, the victim opposed to this and expressed his opinion on business direction.

On February 8, 2013, at around 18:10, the Defendant found the victim's house located in Seodaemun-gu Seoul, Seodaemun-gu M and 501, brought out the victim who returned home, and started the vehicle on the top of the NA5 car operated by the Defendant in order to conduct an award on the above land development project.

At the time of departure of the vehicle, the Defendant saw the victim's walk about the driving of the vehicle. However, while driving on the river from the river to the river, the Defendant arbitrarily changed the destination to the permanent road and entered the new airport road. On the same day, around 18:49 on the same day, from the time of entering the road to the above expressway, the Defendant's 'Yakdo' from the victim is too far far away, he does not refuse to go off, get off, and getting on a taxi.