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

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.

Punishment of the crime

From July 2012, the Defendant leased one story (194.3 square meters, hereinafter “instant building”) of the building located in Jeju-si, Jeju-si, from D, to operate convenience points.

On June 2015, the Defendant: (a) asked the victim F of Chinese nationality (other completes) who intends to rent part of the instant building and operate a cosmetic store; (b) made a false statement to the victim, “The victim leased the instant building through a passage to use it as a convenience store and a lodging room; and (c) with the consent of the owner of the building, the part used as a lodging room may be leased.”

However, on January 1, 2015, the Defendant did not have any intention or ability to obtain the consent of the owner of the building related to the sub-lease since it is highly probable that the lease contract will be terminated by the Defendant, as the former rental fee is not paid up to KRW 10 million at the time of renewal of the lease contract with D, the owner of the building in this case, and there was no intention or ability to obtain the consent of the owner of the building related to the sub-lease.

Nevertheless, the Defendant: (a) had no problem in its lease agreement; and (b) had the victim enticed with the consent of the owner of the building as above; (c) had the victim; and (d) was transferred KRW 20 million to the Agricultural Cooperative account in the name of Defendant G, under the name of Defendant G, as a sub-lease deposit for some of the instant buildings (86.94 square meters) around June 5, 2015 from the victim; and (b) received the remittance of KRW 20 million from the victim.

8. The 18 million won was transferred to the said Agricultural Cooperative Account for the balance of deposits, etc., and the 38 million won was acquired in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Complaint;

1. Each real estate lease agreement (the sequence 2, 3, 14 of the evidence list);

1. Decision on recommending reconciliation;

1. An inquiry of transaction details;

1. Application of Acts and subordinate statutes to the investigation report (the investigation of a building owner D excursion ships);

1. Criminal facts;