Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

However, this judgment is delivered to the defendant A.

Punishment of the crime

[criminal records] Defendant B was sentenced to three years of imprisonment for fraud, etc. at the Seoul Central District Court on December 21, 2017, and the judgment became final and conclusive on July 6, 2018.

[ criminal facts] Defendant A is the owner of the building C in Busan, and Defendant B is the person who leases the above building and manages the pharmacy in the building on behalf of Defendant A, and Defendant D is the person who leases the first floor E pharmacy in the building from Defendant A and operates the pharmacy.

1. On March 10, 201, Defendant B entered into a lease agreement with the victim D and the lease deposit amount of KRW 100 million, monthly rent of KRW 100,000,000 on behalf of Defendant A in Busan-gun C, Busan-gun, Busan-gun, on behalf of Defendant A, and transferred KRW 90,000 to Defendant B’s account (F bank G) under the name of the lease deposit. The lease deposit amount of KRW 100,000 to KRW 10,000,000 from the victim on March 25, 2011 was set off against the lease deposit amount of KRW 100,000 paid to Defendant A without delivering it to Defendant A.

After that, Defendant B calls the victim at a place where it is impossible to know the location on December 10, 2012, and Defendant B calls for the victim’s “B and Defendant A’s H-company circumstances operated by Defendant A are somewhat difficult.

H and one copy of the lease agreement shall be stamped. The lease deposit of the party shall be refunded without fail.

“The phrase “ was false.”

그러나 사실 피고인 B는 당시 H 와 여러 약국들을 관리하며 약사들 로부터 돈을 빌리거나 매출액을 받아 사용하고 각 약국들의 약품 대금 채무를 여러 약국의 매출액과 차용금으로 그때그때 돌려 막 기 방식으로 변제해 오는 상황이었고, 피해자의 임대차 보증금 반환채권을 H에 자신 명의로 현물 출자할 계획이었으며, 피해 자로부터 임대차 보증금 반환채권 1억 원을 가로챌 계획이었으므로 이를 피해자에게 제대로 반환할 의사나 능력이...