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

On March 15, 2011, the Defendant lent KRW 20 million to C, and the lessee took up a lease contract with KRW 60 million for the E-building 207 owned by C as collateral.

Since then, C, without timely repayment of the above money, arbitrarily leased No. 207 of the E Building 207 to a third party, had a view to raising an awareness of religion, and having C and D file a false complaint with the aim of having criminal punishment.

On September 16, 2014, the Defendant: (a) concluded a lease deposit of KRW 60 million on March 15, 201; (b) concluded a lease deposit of KRW 10 million on the date of the contract; (c) intermediate payment of KRW 20 million on March 25, 201; and (d) provided the remainder of KRW 30 million on April 25, 201; (c) in collusion with C and D on April 15, 201, the Defendant acquired KRW 60 million from the Defendant by double lease of KRW 207,000 from F.

"" has submitted a written complaint.

However, the defendant did not provide C with KRW 60 million as the security deposit, and he borrowed KRW 20 million to C and received a lease contract for the E building 207.

In this respect, the Defendant filed a separate complaint against C and D.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Copy of the transaction of passbook;

1. 12 copies of a research document on the lease relationship and a copy of the real estate lease agreement;

1. Contents of text messages;

1. Determination as to the defendant and his/her defense counsel's assertion of investigation report ( telephone conversations of the suspect C and attachment of site photographs)

1. The assertion that the defendant and his defense counsel entered into a lease agreement with C as stated in the facts constituting the crime in the judgment below, and paid the lease deposit amount of KRW 60 million to C, and they do not receive the lease agreement as the collateral.