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(영문) 서울중앙지방법원 2015.11.10 2015고정3876

The sentence of sentence against the defendant shall be suspended.


Punishment of the crime

The Defendant leased part of the 2nd floor and 3rd floor located in Jung-gu, Seoul to the victim B (n, 52) at the time of “10 million won, monthly rent 1.5 million won, and lease period from October 1, 2014 to September 30, 2015, the Defendant decided to terminate the lease contract at the victim’s request, and returned to the victim KRW 98,518,00,00, deducting the monthly rent and water tax and the replacement cost for keys from the deposit, on the ground that the victim did not know the above house when the victim demanded the delivery cost, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against D and B;

1. Application of Acts and subordinate statutes to submit a real estate lease contract and deposit details to victims;

1. Article 319 (1) of the Criminal Act and Article 319 of the same Act concerning the relevant criminal facts and the choice of punishment;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence (including the fact that the entry of the defendant into the above residence after returning the deposit for lease to the victim was erroneous as having no legal problem and the fact that the defendant is in depth contrary to his depth);