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Defendant
A shall be punished by imprisonment with prison labor for six months, and by a fine of two million won.
such a fine shall not be paid.
Reasons
Punishment of the crime
Defendant
A around April 2016, if a victim C leased a 1st floor E (hereinafter “instant commercial building”) of Songpa-gu Seoul Metropolitan Government D shop and provided it to the Defendant, the Defendant paid monthly rent at the expense of the Defendant and agreed to distribute half of the profits to the victim by operating the clothing sales business in the instant commercial building. Defendant B is a person who arranged a lease contract for the instant commercial building between the victim, the lessee, and the lessor, around April 22, 2016.
1. Defendant A
A. On April 22, 2016, the Defendant made a false statement that “The Defendant entered into a lease agreement for the No. 1st floor E of the D shop,” with the victim at the H Authorized Brokerage Office in Songpa-gu Seoul, Seoul, and agreed to pay to the former lessee KRW 50 million as the premium.”
However, the fact was that the pre-employed person agreed to pay 20 million won as premium at the time, and the difference was about 30 million won by the defendant.
The defendant had the victim deliver a sum of KRW 35 million, including KRW 35 million, under the name of the same day as the down payment and the premium for the same year, to the lessor and the above B who represented the former and the former, in cash, for the same year, the victim shall be paid KRW 10 million from the above B, and five million from the victim shall be refunded to the latter, and five million from the same day; and
5.2. The defendant was issued KRW 30 million out of the amount paid to the victim as premium by receiving additional remittance of KRW 15 million around around the day.
Accordingly, the defendant was given property by deceiving the victim.
B. On January 2017, the Defendant, as the overdue rent, was placed on the situation where the deposit paid to the lessor was deducted due to the Defendant’s failure to pay the monthly rent at the trade infinite shop near Songpa-gu Seoul, Songpa-gu, Seoul.