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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant is the owner of the Seoul Special Metropolitan City Officetel No. 212 (hereinafter “the instant officetel”).
On December 2, 2015, the Defendant: (a) was urged to pay interest on KRW 35 million on bonds; (b) was unable to pay KRW 6 million from the leased company; (c) was requested by the existing lessee of the instant officetel to terminate the lease contract; and (d) was willing to receive money as a security deposit and use money for the repayment of personal debt, such as bonds, when concluding a new lease contract with the opportunity to use it.
Accordingly, around December 17, 2015, the Defendant entered into a lease agreement with the victim G through the mother in the “E Authorized Broker Office” located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, through F, and the Defendant calls to the victim for the victim to conclude the contract with the mother.
If 125 million won is paid as security deposit, it would be possible to rent and use the instant officetel.
However, the Defendant had no economic ability to return the leased deposit to the existing lessee at the time, and even if he received the leased deposit from the injured party, intended to use the leased deposit for the repayment of his obligation without using it for the return of the leased deposit to the existing lessee. Therefore, even if a lease contract was concluded, the Defendant did not have the intent or ability to allow the victim to use the instant officetel normally.
Nevertheless, the Defendant entered into a lease agreement with the victim on December 17, 2015, and received KRW 15 million from the new bank account in the name of the Defendant as contract deposit, and received the remainder of KRW 110 million from the same account around January 8, 2016.
As a result, the Defendant received a total of KRW 125 million from the injured party twice in total.
Summary of Evidence
1. The defendant's person;