Text
Defendant
The imprisonment with prison labor for A shall be one and half years, and the imprisonment for Defendant B shall be eight months.
However, the defendant B.
Reasons
Punishment of the crime
Defendant
B On May 23, 2013, the Daejeon District Court sentenced 2 years of suspended sentence to a violation of the Petroleum and Petroleum Substitute Fuel Business Act on October 10, 2013, which became final and conclusive on May 31, 2013.
1. On September 14, 201, Defendant A had Defendant B enter into a lease agreement with the victim J, the owner of the said gas station to lease the said gas station building for two years between the said owner of the gas station and the said owner of the gas station at the International gas station office located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Incheon, and the victim J., and operated the said gas station in a substantial manner with Defendant B as an operator under his name.
Article 4 (3) of the above lease agreement explicitly states "when a lessee violates the Petroleum Business Act" due to the termination of a contract, and the provision that a fine for negligence is paid at the lessee's expense and the lessor refuses to pay a rental deposit if it is not resolved.
On the other hand, around November 17, 201, the said IOO sold pseudo petroleum to many unspecified customers.
Defendant
A was in the situation where it is impossible to recover the lease deposit pursuant to the terms of the above lease agreement if the penalty surcharge is not settled according to the crackdown, and in collusion with Defendant B, the lessee was replaced from Defendant B to Defendant A by concealing the fact that the victim was in collusion with Defendant B, and Defendant B was unaware of the suspicion of the victim, and Defendant B was willing to recover the lease deposit by making a false statement as if it is necessary for Defendant B to borrow money from Defendant A as a debt security agreement necessary for borrowing money.
Thus, Defendant B tried to continue to operate a gas station with money borrowed from A because it had been operated for two months during the middle of November 201, when it was controlled as above, while Defendant B had been operating a gas station for two months.
A shall prepare a lease contract of a gas station with a tenant and money from A as security on its own.