On November 7, 2011, the Defendant opened “I” in the name of the victim in the middle-gu Seoul Metropolitan Government H 2 commercial building (hereinafter “instant commercial building”) around December 7, 201, while the Defendant had been interested in the operation of “D” restaurant at the Defendant’s office located in the Jongno-gu Seoul F and the second floor of Jongno-gu, Seoul (hereinafter “D”).

At the time, the victim had to pay the cost of start-up by using high interest bonds that amount to 40% per annum due to the absence of any particular property. However, if the business is registered under the name of the victim, it was possible to immediately repay the loan by obtaining a low interest loan by 3 to 4% per annum from the Seoul Guarantee Fund pursuant to the Seoul Guarantee Fund policy for the Protection of Small and Medium Enterprises. Therefore, the victim's lease contract is essential and the defendant was well aware of these circumstances.

However, on October 24, 2011, the Defendant leased the instant commercial building under the name of the Defendant’s head office K and did not obtain the lessor’s consent for the transfer of right of lease or sub-lease. At the time, the Defendant did not pay the lessor the rent of 3 million won in November 201, and the lessor knew that I would operate the headquarters directly. However, the lessor did not want to transfer the right of lease or sub-lease due to the possibility of overdue rent, and the construction necessary for opening the business, such as the purification tank, was not completed as soon as possible within the week, but the Defendant was L.