A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

The Defendant: (a) was a person who was awarded a contract from the Seoul Urban Railroad Corporation to use the store in the subway No. 5 subway Line B (hereinafter “the store in question”) in office in the lease deposit of KRW 50 million, monthly rent of KRW 22 million; (b) the Seoul Urban Railroad Corporation decided to rent and use the store from the Seoul Urban Railroad Corporation until March 16, 2009 to March 15, 2014; (c) the Seoul Urban Railroad Corporation did not deliver the store in question even after the lease term expires; and (d) the Seoul Urban Railroad Corporation filed a lawsuit against C on August 6, 2014 at the Seoul Central District Court to request for the delivery, etc. of the store in question, but the Defendant was aware of the above facts from D who arranged the sub-lease of the store in question.

On August 28, 2014, the Defendant told the victim F of the Victim F working in Seo-gu Incheon, Incheon, that “If the victim pays the victim KRW 60,000,000 for five-month rent (monthly 12,000,000) for the commercial buildings in subway No. 5 Line B, the Defendant would lease the commercial buildings between September 1, 2014 and January 31, 2015.”

However, at the time, the Defendant had been in arrears with the monthly rent of 2 months in the above C, and there was almost no money remaining after deducting the rent of 60 million won from the injured party. Even if the Defendant received the rent of 60 million won for 5 months from the injured party, the Defendant did not pay 22 million won every month to C, and thus, the Defendant did not have been aware of the fact that the Seoul Urban Railroad Corporation filed a lawsuit against C, such as transfer of stores, on the ground that the lease term expires, against C, and there was no intention or ability to provide the victim with the right to lease the store and use it normally.

The defendant is the victim as above.