A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From around December 2013, the Defendant: (a) from D, the owner of the building C (hereinafter “instant commercial building”); (b) around March 25, 2015, the Plaintiff: (c) leased the instant commercial building to operate the instant mobile phone store; (d) requested F to acquire the instant commercial building; (c) around March 2, 2015, the Plaintiff: (d) changed the lessee of the instant commercial building into F to F; (d) paid a deposit of KRW 50 million to D; (e) around that time, the Defendant paid a monthly fixed amount to F for the management, sale, and business of the said “E” mobile phone store; and (e) around May 25, 2015, the Plaintiff purchased the instant commercial building, including the instant commercial building, and (e) purchased the lessor’s status on July 25, 2015.

The defendant was willing to deceive the victim by deceiving the victim by using the fact that the victim is aware of the actual tenant by operating and managing the above "E" mobile phone store, requesting the victim to adjust monthly rent, etc.

On October 5, 2015, the Defendant stated that “B will not operate a mobile phone store, and H will succeed to the store, and H will operate the store. Of the deposit amount of KRW 50 million, the remainder of the deposit calculated by deducting unpaid monthly rent and management expenses shall be returned to the account in Korea and changed.”

However, on April 2, 2015, the Defendant changed the above commercial tenant to the management committee for the settlement of disputes, and the lease deposit was paid to the lessor by the management committee for the settlement of disputes, and the Defendant was delegated only to the management committee for the sales and operation of the store by the above F, and the Defendant can claim the refund of the deposit to the victim or receive the refund deposit.