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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On November 27, 2013, the Defendant was sentenced to seven years of imprisonment by the Incheon District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on June 12, 2014.
The Defendant, from September 2007 to March 3, 2007, was a person who led the sale of the instant commercial building in the name of E (hereinafter “instant commercial building”) in the name of E (hereinafter “instant commercial building”).
On March 18, 2009, the Defendant received approximately KRW 2,927,50,000 in total for the down payment, intermediate payment, and remainder of 12 houses (No. 124-128, 145-149, 152, and 153) of the Incheon Gyeyang-gu Office of “E” (No. 124-128, 145-149, 152, and 153), from the victim G, for the purpose of the down payment, intermediate payment, and remainder.
Accordingly, around June 2010, the Defendant had a duty to transfer ownership to the victim of the instant commercial building.
Nevertheless, on April 9, 2012, the Defendant violated the above duties, and registered the preservation of ownership in the name of H Co., Ltd. (hereinafter “H”) practically operated by the Defendant (hereinafter “H”). On November 21, 2012, HH around November 21, 2012, the Defendant: (a) entered into a lease agreement for the real estate of KRW 12,00,000, monthly rent of KRW 25,000,000, and KRW 25,000,000,000; and (b) the Plaintiff paid KRW 0,000,000,000 to H as the instant commercial property lease agreement (hereinafter “instant lease agreement”); and (c) on October 25, 2013, the Plaintiff registered the instant commercial property as the instant owner and paid KRW 0,000,00,000,000 as the instant commercial property; and (d) the Plaintiff paid KRW 0,000,00.
Ultimately, the Defendant violated the above occupational duties and acquired the claim for the refund of the deposit amounting to KRW 810,000,000 paid to I in violation of the above occupational duties.