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(영문) 서울중앙지방법원 2018.02.22 2015고합1174
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Facts charged;

A. Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud 2015 high 1174): Defendant A is a representative director of the LAF who leased DD 107, D 111, and D 112, located in Gangnam-gu Seoul, Seoul, from April 17, 2014 to E Co., Ltd. (hereinafter “stock company”), and Defendant A is a corporation established for the purpose of the above D 1 billion won-based lease business, etc. of the capital amount of KRW 1 billion.

The victim L Co., Ltd. (hereinafter referred to as the "victim Co., Ltd") bid to the E Co., Ltd. in order to rent a store for sale specialized in the sports zone, but after winning the contract, it had consulted with the K Co., Ltd. in December 2014 to enter into the lease contract in D 107 area.

Defendant

A On February 12, 2015, the representative director of the victim company "G's D 107 Gu office store tenant was finally determined at G stores located in Gangdong-gu Seoul Metropolitan Government H.

“The phrase “,” the victim company issued a written confirmation of the entry from the victim company on February 11, 2015, and returned to J, which is the representative of the victim company, on February 12, 2015, at the F Office in the Dispute Resolution Co., Ltd., the store occupants of G 4107 were finalized.

“A lease agreement was concluded between F and the victim company (hereinafter referred to as “instant agreement”) with the term “, at all times, the down payment of KRW 500 million and the remaining amount of KRW 900 million.”

In addition, in the contract clause of this case, there was a provision that "the contract deposit amount of KRW 500 million shall be paid at the time of conclusion of the contract of this case to the victim company of this case (Article 5 subparagraph 1. 1.)" and the provision that "where a consultation about the entry into the dispute settlement bank after the contract of this case and approval is not made, the Dispute settlement bank shall comply with the agreement, and in this case, the Dispute Resolution Fund shall notify without delay and return the deposit amount (Article 18. 1. 1.)."

However, in fact, Defendant A received a written confirmation from the victim company on February 11, 2015, and then requested the victim company to sell the victim company to E-the-counter company.

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