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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 13, 2014, the Defendant: (a) leased the Seoul Gangnam-gu Seoul Underground 1 to the owner of the building with a deposit of KRW 30 million, monthly rent of KRW 3.3 million; (b) the Defendant did not pay monthly rent after the said contract; (c) and (d) transferred or sublet the whole or part of the building without the lessor’s consent; and (d) the Seoul Southern District Court at around August 25, 2014 (“Seoul Southern District Court shall, without the lessor’s consent, lose the benefit due to the lease contract and immediately deliver the building to the lessor at least twice in arrears”; (c) on the same day, the Defendant concluded a contract with the victim F to take over the said car page and received delivery of KRW 10 million as the down payment; and (d) refused approval of the said contract.
Nevertheless, on September 22, 2014, the Defendant: “The building owner is now aware of the lease contract and the lease contract may be concluded three months after the building owner is now capable of entering into a lease contract.
Since now, I would like to make a sub-lease contract with the owner of the building in the amount of KRW 4.9 million a monthly rent of KRW 30 million and to make a lease contract with the owner of the building in the amount of KRW 4.9 million a month.
The aforementioned KRW 10,000,000,000, was made a false statement as follows: (a) the remainder of KRW 20,000,000 was appropriated as a security deposit.
However, as the Defendant did not pay monthly rent to D at all, the Defendant had been in arrears with the rent of 13.2 million won for 4 months, and even if he received the deposit from the injured party, there was no particular property or income from the Defendant, even if he did not receive the consent of D, it could not replace the victim's deposit with the Defendant's deposit. If he sublets without the consent of D, he could be subject to compulsory execution on the name of the building from D at any time due to its title execution, and there was no fact that D agreed to sublet.