A defendant shall be punished by imprisonment for one year.

Punishment of the crime

"2015 Highest 1666" B leased from C the land and buildings of the Nam-gu Busan Metropolitan Government D, E, and F, and the Defendant transferred part of the above E from B to December 2014, operated the used car sale complex under the name of (ju) H in the name of the Defendant’s mother from August 2013 to December 2014.

On April 23, 2014, the Defendant entered into a lease agreement with the victim as if the Defendant could implement the lease agreement on the above used cars trading complex 105 office with the victim, and concluded the lease agreement with the victim up to 30 million won, monthly rent of 2.5 million won, monthly facility investment cost of 40 million won, and the term of the lease on May 2016.

However, at the time, the Defendant paid 15 million won out of the 100 million won of the sublease deposit to B, and was unable to pay the remainder of 85 million won and the monthly rent from around August 2013. Since the Defendant borrowed 335 million won from B due to the lack of funds, creating the above used vehicle trading complex, and thus was in a state where he bears large amount of obligations against B. Since there was no particular property and there was no other obligation for large amount of other obligations, the Defendant did not have the intent or ability to maintain the lease contract during the above lease period.

The Defendant was granted KRW 10 million on the same day, May 2, 2014, and KRW 30 million on the 23th day of the same month, and KRW 70 million on the 23th day of the same month.

"2015 Highest 2518"

1. On September 24, 2013, the Defendant made a false statement to the victim’s residence near the victim’s K, located in the Busan Maritime Affairs and Daegu High Court on September 24, 2013, stating that “The Defendant shall pay the rent within the country during the passage of the passenger car owned by the lease to B, and then transfer the name to B, or sell it to another place.”