A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On March 11, 2011, the Defendant leased the victim F of the “Co., Ltd. E” office operated by the Defendant in the East Sea (hereinafter “instant commercial premises”) to the “Co., Ltd. E” office in the East Sea. The Defendant stated that “The construction cost of KRW 500 million will be paid if the interior works, which is the common area of the instant commercial building, would be the total of KRW 50 million, if the interior works were to be carried out during the period from 25 days after the commencement of the works, and if the Defendant claimed the progress payment from 25 days after the commencement of the works, he/she will deposit the progress payment in advance within the period of five days, and if the construction is completed, he/she will return the construction guarantee deposit.”

However, the fact was that the Defendant was unable to operate the company so that personnel expenses for the employees of the company would be paid more than KRW 70 million, and there was no property or income in the name of the Defendant. On November 26, 2009, the Defendant entered into a contract for leasing the instant commercial building from G Co., Ltd. which owned part of the instant commercial building. However, there was a situation where the Plaintiff did not secure the right to lease the commercial building itself that could promote the business since he obtained the consent of about 30% among other sectional owners, and the agreement was made on February 28, 201 with Edi General Construction Co., Ltd. and Edi General Construction Co., Ltd. and 50 million won was made on the premise of the consent of at least 70%, but it was not possible to receive investment in the above situation with the consent of at least KRW 30%, and it was impossible to receive the lease deposit from the third party, and even if the victim did not have the ability to receive the deposit or the construction cost deposit after the completion of the construction.

The Defendant is identical to this.