Text
Defendant
A Imprisonment with prison labor for one year and for two years, respectively.
, however, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2018 Highest 5188"
1. Defendants A are the representative director of the “C” corporation and Defendant B is the inside director of the said corporation.
On June 13, 2016, the above company entered into a lease agreement with 300 million won in deposit and 15 million won in monthly rent. However, the deposit was paid only KRW 200 million in monthly rent, and the monthly rent was paid only once (from August 2016 to August 2016). Ultimately, on March 31, 2017, the lease agreement could not be maintained normally due to the lack of any property or income at the time of termination of the lease agreement. However, even though the Defendants were to sub-lease part of the leased office to use the leased office as a sub-lease deposit and monthly rent, etc. for the operation of the above company.
On July 14, 2016, the Defendants entered into a sub-lease contract with the victim E, setting the deposit amount of KRW 30 million, monthly rent of KRW 2 million, and the rental period of KRW 24 months between the victim E and the third floor office of the instant building.
However, in fact, the Defendants did not intend or have the ability to maintain the sub-lease contract for the above period from the beginning, and there was no intention or ability to return the sub-lease deposit.
On July 21, 2016, the Defendants conspired to induce the victim, and received KRW 30 million as a security deposit from the victim on July 21, 2016, and received KRW 15,220,490 on the pretext of rent from the victim who knows that the lease contract had already been terminated on April 2 through 8, 2017.
B. On July 14, 2016, the Defendants against the victim F were at the third floor office of the D Building on the third floor of the D Building on the part of the 281.4 square meters of the 3rd floor of the D Building between the victim F and the subcontractor, and the 10 million won of the deposit by the sub-lessee as the victim, and monthly rent.