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(영문) 서울중앙지방법원 2014.10.16 2013고합1265
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. Fraud;

A. The Defendant handled the right to lease of commercial stores within the I market owned and managed by K Co., Ltd. (hereinafter “K”) in the I market B 4022 and 4023 of the I market B 402 and J in Jongno-gu Seoul Metropolitan Government.

The defendant is related to L who has worked as the vice-chairperson of K and has been requested to purchase commercial lease from many people such as victims M.

In light of the fact that the Defendant continued to build a new commercial building on the I market parking lot site in around 2006, the Defendant knew that the victim with sufficient financial resources acquired a right to lease from the I market parking lot and can find profits from the resale due to the increase of premium in the long term, thereby securing the right to lease the commercial building through the Defendant. On December 5, 2006, the Defendant knew of the fact that the Defendant would be able to secure the right to lease the commercial building through the Defendant. In the Defendant’s office, a Co., Ltd. (hereinafter “O”) located in Jongno-gu Seoul, Jongno-gu, Seoul (hereinafter “O”) around December 5, 2006, there is a lot of stores if the commercial building is newly built on the I market parking lot site. In order to acquire the right to lease the commercial building on a good place, it is necessary to include a deposit in advance, and work such as street, etc. In order to secure the right to lease the commercial building site from the victim by using the money received from the victim and the victim’s cash.

However, the defendant has the intent or ability to allow the victim to acquire the right of lease of the commercial store by using the money received from the victim as a deposit for acquiring the right of lease of the commercial store.

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