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(영문) 서울중앙지방법원 2014.07.03 2013고단969
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

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

(e).

Reasons

Punishment of the crime

1. From around 1996, the Defendant: (a) from around 1996, the third floor building located in Gangnam-gu Seoul (hereinafter “instant building”) was leased from I to operate the said cosmetic; (b) around April 20, 2012, the Defendant had renewed the lease agreement on a yearly basis; and (c) on April 20, 2012, the lease relationship was terminated.

2. On February 7, 2011, the Defendant said to the effect that “the Defendant is in charge of head on the first floor of the building of this case, and the victim is in charge of cremation on the second floor of the building of this case, but the victim is in charge of cremation on the second floor of the building of this case, and the above second floor is changed to KRW 150 million with the deposit for lease on a deposit basis. The Defendant said to the effect that “the owner of the building of this case is the owner of the building of this case who was registered on a deposit basis immediately after the said business contract, and would have F attorney guarantee the return of the deposit for lease on a deposit basis.”

However, as above, even if the Defendant did not own the building of this case and received money from the victim as the deposit money, he did not have the intent or ability to make the victim complete the lease on a deposit basis with respect to the building of this case

On February 7, 2011, the Defendant, by deceiving the victim, was issued KRW 50 million (one cashier’s check of a new bank) from the victim.

3. On November 10, 2008, the Defendant agreed on November 10, 2008 that the victim M shall operate the skin management room on the third floor of the instant building, and the victim and the profits therefrom shall be divided by half.

Around November 2011, 201, the Defendant committed a crime: (a) around November 30, 201, the share to be paid to the victim in settling profits on November 30, 2011 by the above skin management office (income 6,677,210 x 1/2) (income 6,677,210 x 1/2); (b) the Defendant arbitrarily deducts the amount of KRW 5 million in the name of expenses from the above profits; and (c) paid only KRW 1,67,210, the remainder to the victim and paid the difference to the victim 1,61.

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