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(영문) 서울중앙지방법원 2015.12.17 2014고합1392
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On July 26, 2013, the defendant was sentenced to two years and six months of imprisonment and three years of suspended execution on September 4, 2014 in the Seoul Central District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

The Defendant is a person who operates a gallon of “J” in Jongno-gu Seoul Metropolitan Government, H, and I’s 4th above ground, and underground 4th above ground buildings (hereinafter referred to as “each real estate of this case”).

The real estate of this case is owned by K, the Defendant’s father, and each of the above real estate was established with the right to collateral security, the mortgagee of the right to collateral security, the right to collateral security of which is 21 billion won, the maximum debt amount, and the right to collateral security of which is 3.6 billion won, respectively.

As of March 9, 2012, K sells each of the instant real estate to L in the purchase price of KRW 24.7 billion. Of the above purchase price, K entered into a real estate sales contract with the effect that L succeeds to the status of the debtor of the said two mortgages jointly established on each of the said real estate; the remainder of KRW 6.7 billion is set-off against K’s existing obligation of KRW 6 billion and interest thereon;

4. The registration of ownership transfer was completed on the ground of the above sales contract.

Defendant for the same year

4.5. L entered into a lease agreement with L to lease the entire building at KRW 300 million, monthly rent KRW 100 million.

L was unable to pay interest on the debt amount of 100 million won from August 2013 due to the Defendant’s failure to pay the rent of KRW 100 million per month (use of actual L for the payment of interest).

Accordingly, Fu Mutual Savings Bank Co., Ltd. filed a voluntary auction on each of the above real estate and rendered a voluntary decision to commence the auction on October 21, 2013 to the Seoul Central District Court M.

L and each of the above defendants.

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