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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, as the representative director of C Co., Ltd., and the Defendant, on March 17, 2004, entered into a lease agreement on the condition that deposit money of 50 million won is paid for the foregoing Dtel 1504 (hereinafter “instant office”) owned by the Defendant, and the victim E Co., Ltd. completed the registration of transfer of ownership on July 29, 2013 for the instant office.
On September 3, 2013, the Defendant, who received a request from the injured party to leave the instant office, filed an application with the Seoul Eastern District Court civil petition office for the payment of KRW 50 million,00,000,000,000,000 from the said researcher on March 18, 2004 in accordance with the instant lease agreement, for the purpose of obtaining a payment of KRW 550,000,00 from the said researcher on September 6, 2013, the Defendant: (a) had the intent to obtain a request from the injured party to take advantage of the name of the lease deposit; (b) had the opposing power to lease the instant office from A (the Defendant in this case) on March 17, 204 and completed the business registration; and (c) had not received a demand for distribution in the auction procedure, and thus, (d) applied for a payment order to pay KRW 50,00,000,000.
However, on October 31, 2013, the victim raised an objection against the above payment order, and the principal lawsuit was instituted on October 31, 2013, and the judgment was rendered in the first instance. However, the victim actively respondeded to the judgment, which became final and conclusive after being ruled against the appellate court and the appellate court, and the above judgment became final and conclusive, the defendant was deprived of the court to withdraw the pecuniary benefits equivalent to the deposit money from the damaged party, but did not achieve that purport.
The Defendant, as the representative director of C Co., Ltd., on March 17, 2004, entered into a lease agreement on March 17, 2004 on the condition that deposit money of 50 million won is paid for the above researcher and the defendant-owned Seoul Songpa-gu Dtel 1504.