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(영문) 서울중앙지방법원 2012.11.20 2012고단2706
절도등
Text

The defendant is innocent.

Reasons

The Defendant, from around 207 to May 31, 201, operated an indoor golf range (hereinafter referred to as “ golf range”) with the trade name “D” on the first floor of the Seocho-gu Seoul Metropolitan Government building C, Seocho-gu, as of May 11, 201, entered into an agreement on the transfer of the right to a house, including the victim E and the lease deposit amount of KRW 100,000,000, in a lump sum transfer of all the ownership of the house, such as the goodwill, all facilities and the screen golf machines within the golf range, and the down payment amount of KRW 285,00,000,000,000,000 from the same day, received all payments from the victim, and transferred the said golf range to the victim on June 1, 2011, and accordingly the victim operated the said golf range on the same day.

On the other hand, on August 16, 2010, the Defendant leased 1, 4, and 6 of the lease deposit amounting to KRW 100 million, monthly renting KRW 5,360,000, and one year from the FIIIIIIIIIIII would have concluded a contract on the transfer of the above right by promising that the above FIIIIIIII will hold office in the above golfIIIIII would have concluded the contract on the contractual terms of KRW 5,30,000,000 on the monthly rent to the victim, and the victim could not have entered into a lease contract between the FIIIIIIIIIIIIIIIII would have been unable to comply with it until the expiration of the lease term on August 15, 201. On the same day, the operation of the above golfIIII would have been suspended due to the suspension of the operation of the above golfIIIIIIII.

On September 16, 2011, the victim submitted to the Seoul Central District Court a complaint containing an expression of intent to terminate the above contract for the transfer of rights against the defendant on the ground of default, and the copy of the complaint was served on the defendant on the 28th day of the same month.

【Criminal Facts】

1. On September 21, 201, the Defendant entered the thief course with two infinites who are in fact in the above golf range on a non-time basis.

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