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(영문) 부산지방법원 동부지원 2015.02.04 2014고단901

사기

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Busan Urban Railroad Co., Ltd., owned by the Busan Urban Railroad Co., Ltd., established a concession agreement with three companies, such as F Co., Ltd., G Co., Ltd., and H Co., Ltd., as a consortium in the form of a consortium in the construction of the 1st century between the Busan Urban Railroad Co., Ltd. and D Co., Ltd. (hereinafter in this case) around 2008. The content of the contract was that the F Co., Ltd., Ltd., established a facility at the consortium, operated for 20 years, by paying the rent of KRW 150,000,000 per annum to the Busan Urban Transport Corporation, and transferred the entire authority over the commercial to the Busan Urban Traffic Corporation after 20 years.

On the other hand, on June 30, 201, the Busan Traffic Corporation approved H Co., Ltd. to sell in lots under the standard rental contract as the representative of the consortium, according to the standard rental contract terms and conditions, the lessee (seller) must deposit the rent in advance into the pre-sale real estate trust account, and unless otherwise, the sales contract cannot be deemed valid, and the transfer and sub-lease of the right of lease (right of sale) was prohibited.

The Defendant: (a) around January 2013, when he worked as a director of the sales division of the instant shopping district as a sales agent of the said shopping district; (b) around January 2013, J lent KRW 200 million to H Co., Ltd.; and (c) received a request for sale of the right to lease under subparagraph B-36 of the instant shopping district that was received by payment in kind; and (d) the right to lease under subparagraph B-36 of the said B-36 is effective only between J and H Co., Ltd., without notifying the purchaser thereof, to sell at a price lower than that of the normal advance payment.

On December 2, 2012, the Defendant found the victim K (former L) who had found the office of sales agency for the operation of the KI and the store of low advance rent, and trusted the Defendant because of the fact that the Defendant had brokered commercial transactions.