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(영문) 부산지방법원 2014.08.22 2012고합983
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of E, a company managing D shop located in Busan Northern-gu C, who is engaged in the business of leasing D shop and collecting rental deposits and rents from lessees and managing them.

The Defendant agreed to lease the whole D commercial building to F Co., Ltd. at the office of the above Co., Ltd. around December 30, 2009, and agreed to lease the whole D commercial building to F Co., Ltd., and then 1,500,000,000 won as the lease deposit on the same day from F Co., Ltd., and 50,000,000 won around January 6, 2010; and

2. 1,00,000,000 won around October, 2000, and the same year.

4. around 13: 720,972,604 won; 500,000,000 won around 27th of the same month; and 700,000,000 won around 30th of the same month; and 5,065,972,604 won (in the above amount, 1,50,000,000 won transferred around December 30, 2009; 50,000,000 won transferred around January 6, 2010; 7,000,000 won received money in the form of loan from F Bank after establishing a provisional registration for the ownership transfer registration for part of G commercial name, which is an employee of F Bank; or 145,00,000 won from F Bank in the name of lease deposit; or 5,00,000 won transferred from F Bank in the name of lease deposit; or

6. From March 15 to March 15, 2012, approximately KRW 180,000, average as rent, around every 15th day of each month, was transferred to the national bank account under the name of the company E and the management body of D Management, one bank under the name of the National Bank in the name of the company E and one bank, the National Bank, and the new bank for the victims who are the owners of D commercial buildings. From March 15, 201, the amount arbitrarily remitted KRW 1,50,000 to the Japanese bank account under the name of I for the repayment of personal obligations to H as well as arbitrarily remitting KRW 1,50,000 from September 20, 2010 to March 15, 2012, the amount of KRW 213,292,00,000 from March 15, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of J;

1. The third prosecutor's statement against the defendant;

1. A written petition;

1.Each.

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