사기미수
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
In the Guri-si D Apartment Building 101, 115, and 115-1, the “E discount marina” was owned in the name of the “Grae F, originally managed by the victim F.
On May 29, 2014, the Defendant entered into a contract for the lease of the said discount with the victim and the said GIST, and agreed that the lease deposit shall be KRW 60 million per month, the rent (monthly rent) shall be KRW 10 million per month, and the duration of the lease agreement shall be 24 months. In particular, since the Defendant entered into a special agreement that “the facilities within the said marina shall be 1/2 of the premium in office with the store owner (victimF)” in addition, the said discount shall be sub-leased to a third party or transferred the right of lease for the said marina to a third party, the Defendant was obligated to pay the money under the pretext of the premium to the victim or the damaged person who is the owner of the facilities within the said marina, and the Defendant would have reached the G M&D resolution plan under the control of the victim or the injured person.”
After that, on June 26, 2015, the Defendant entered into a contract to sublease the said discount to H and I husband and wife. Since the Defendant received KRW 300 million from these parties as “the premium”, the Defendant was liable for payment of KRW 150 million, which is KRW 300 million, to the victim.
Therefore, despite the Defendant’s obligation to pay KRW 150 million to the victim as above, the Defendant received money in an amount less than the amount of the Defendant’s actual paid premium to the victim as premium for a premium.
In a false manner, the victim was born with a view to evading payment of part of the above 150 million won debt to the victim.
Accordingly, on July 2015, the Defendant: “The amount of KRW 250,000,000 paid as premium is divided into KRW 1/2,000,000,000,000 paid as premium to the police officer in sub-lease the above discount,” which is KRW 125,00,000.
“A false statement to the effect that it is “ shall prevent the victim from exercising his claim for KRW 25 million, which is the difference.”