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Defendants shall be punished by imprisonment for six months.
except that the execution of each of the above penalties shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A is a person who has served as the head of the F's sales team, and Defendant B is a person who has served as a doctor in the G Hospital in Gyeongbuk-do.
The Defendants, around December 13, 2010, at an attorney I’s law office located in Sungwon-si, Sungwon-si, and Defendant A, at the victim J, who sought to lease a store, concluded a lease agreement with the said store as follows: “B is the F sale team leader of the F. K building at Changwon-si, which is expected to be operated as a medical foundation, and the first floor 101 store was sold to Defendant B and M, which is the doctor of the medical foundation promoted in F., and the first floor 101 store was the first floor 10,000,000 won.” Although Defendant B did not have agreed to purchase the said store, Defendant B concluded the lease agreement with the said store as if the said victim and three other parties were sold to the entire building, and the lease agreement with the said store was concluded between January 13, 201 and January 13, 2014; and the lease deposit amount was KRW 150,000,000,01.
However, in fact, since the store No. 101 of the first floor was owned by the F Co., Ltd. and was not owned by Defendant B and M and there was no agreement to purchase them, the above store did not have any right to lease and did not have the ability to purchase them due to the lack of funds, and Defendant A had already been aware of the above fact as the head of the F Co., Ltd. as the head of the F Co., Ltd.
Nevertheless, in collusion with the Defendants, by deceiving the victim as above, they acquired the amount of KRW 150,000,000 to the account of the post office passbook (Account Number: N) in the name of the Defendant B as a security deposit deposit money from the victim, and the sum of KRW 152,50,000,000 to the account of the head of the Tong of the Civil Bank Account of the Defendant A (Account Number: P) in the name of monthly rent from the victim.
Summary of Evidence
1. Defendants each of the 11th trial records.