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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Criminal facts
[2017 Highest 3828] From March 1, 2011, the Defendant leased part of the section for common use (hereinafter “instant building”) among the nine floors of Seoul E Commercial Building from E management body to remodel it into the 16 residential room room room of the E management body, and then sublet it with the trade name “F”.
On January 4, 2016, the Defendant subleted the Victim J of “F” as KRW 911 on February 29, 2016 to KRW 30 million and KRW 350,000 per month on February 28, 2017, for the period from February 29, 2016 to February 28, 2017.
However, the lease term of the instant building was scheduled to expire on March 1, 2016, and in E management unit, the Defendant notified the Defendant of the refusal to renew the lease on or around January 20, 2016. From May 21, 2014, K Office already pointed out the Defendant’s use of the instant building without permission and imposed a compulsory payment for restoration to the original state. The Defendant was in a situation where it is difficult for the Defendant to continue to engage in the business in the instant building until the date of the contract with the victim, and the Defendant continued to engage in the business in the sub-lease in the manner of returning the deposit received from the new lessee to the pre-lessee who leaves the existing lessee, and thus, the Defendant continued to engage in sub-lease business in the instant building and fails to request the new lessee, the deposit can not be returned to the previous lessee.
Nevertheless, the Defendant, without notifying the victim of the foregoing circumstances, received KRW 300,000,000 from the injured party as a security deposit on January 21, 2016 and KRW 30,000,000,000 from February 29, 2016 as a sum of KRW 30,000 from the Defendant’s account under the name of the Defendant (one bank) and received KRW 10,000,00 from the victim to March 3, 2017, as in the list of crimes.
[2018 High Order 656] Defendant shall return the deposit for the foregoing reasons.