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[Defendant A] The defendant A shall be punished by imprisonment for six months.
However, the defendant A for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On November 12, 2018, Defendant A entered into a lease agreement with the owner of the said land with respect to the Seo-gu, Seoan-gu, Seoan-gu (hereinafter “instant land”) (hereinafter “instant land”).
Around November 20, 2018, the Defendant made a false statement to the “G office” of the victim F’s “G” office located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seoul, stating that “The Defendant leased C, and the location of which is good, makes many people lease.” (B) the Defendant would sublet the sub-lease deposit and the premium to be used as a parking lot without any problem.”
However, in the instant land lease contract between the Defendant and the above D, there was a special stipulation prohibiting sub-lease and transfer of the right to use the land to a third party, so if D terminates a sub-lease contract, the Defendant did not have any special way to allow the third party to use the instant land. Around that time, the Defendant entered into a sub-lease contract with H, first of all, the victim to use the instant land, and received 7 million won as a down payment and premium. Therefore, even if the Defendant was to receive money from the victim as sub-lease deposit and premium, he did not immediately intend to use it for repayment of the borrowed money, payment of living expenses to the female living together, payment of the pre-lease brokerage fee, etc., and did not have any intent or ability to allow the third party to use the instant land by normally borrowing the instant land.
Ultimately, the Defendant, by deceiving the victim as above, transferred KRW 7 million from the victim to the Nonghyup Bank Account in the name of the Defendant, KRW 3.5 million around December 2, 2018, KRW 3.5 million around the same month, KRW 2 million around the July of the same month, KRW 3 million around the same month, KRW 4.5 million around the 14th day of the same month, and KRW 20 million in the name of the key money and the sublease deposit, and acquired it by remitting KRW 2,1.3 million on the 28th day of the same month, including remittance of KRW 1.3 million under the name of rent.
2. Defendant B.