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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 26, 201, the Defendant and C were awarded a successful bid for E buildings located in Northern-gu D at the port of entry on or around December 26, 201 with the Defendant’s wife F and C’s wife G as co-owners of 1/2 shares, respectively.
The defendant and C performed remodelling construction works on the above building, and due to the shortage of construction cost, they leased a coffee shop and a singing room scheduled to be set up on the first floor of the building, which is scheduled to be set up on the ground level of the building, with the security deposit, and anyone of the two parties first concluded a lease contract and agreed to use the security deposit for the construction cost.
C around May 17, 2012, when leasing coffee shop to H, the lessor set up the lease contract by entering the lessor into Gro, the lessee into H’s son, and on the same day, confirmed the contract to the Defendant at the site of the remodeling work. H, from June 20, 2012, posted letters, such as the chair, to prepare the coffee shop opening business, and the F provided assistance in cleaning with G, and the Defendant observed this.
In addition, around May 19, 2012, C received the lease contract amount of KRW 5 million from H, and around May 29, 2012, after receiving the intermediate payment of KRW 25 million from H, paid as construction cost and fixtures, etc. At that time, C explained the details of the deposit received and the details of the use of the deposit to the Defendant.
The Defendant and C jointly managed stores and pents and divided profits into half. C obtained permission from the Defendant to register credit card body size in the name of C or other person, and around October 5, 2012, around October 15, 2012, the Defendant and C completed a lease agreement with the lessor G, F, and lessee as C’s leakage or court, respectively. Using this agreement, C registered a business in the name of J and installed a credit card body size.
C The defendant was informed of the installation of the installation from September 2012 to February 2013.