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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On May 201, 201, the Defendant made a false statement to the effect that, in the office of D Co., Ltd. operated by the Defendant of 1st floor of the Gangnam-gu Seoul Metropolitan Government building on May 201, 201, the Defendant displayed only the sales data in 2010, while hiding the monthly sales data of Seoul Fcosmetic shop to the victim E, “The F Cosmetics shop owned by our company is with monthly sales of at least KRW 30 million, and the monthly sales revenue of at least KRW 10 million is continuously generated, and if the store acquires the store by concluding a sublease contract, its revenue shall be guaranteed.”
However, the above Fcosmetic store was sold rapidly since 2011, and sales did not reach the level of KRW 20,000 per month, and since the employees’ wages were in arrears and the rent was delayed for six months, the building name request was filed by G, a lessor. Therefore, even if the victim acquired the above store, the Defendant could not obtain profits.
Nevertheless, on May 31, 201, the Defendant entered into a sub-lease contract with the victim for the above store on or around May 31, 201, and received from the victim a sub-lease deposit amount of KRW 20 million on May 31, 201 and KRW 70 million on June 2, 201, respectively.
2. On July 6, 2011, around July 5, 2011, the Defendant made a false statement that “The extension of the lease term shall be revoked if the deposit increase is not made by July 6, 2012,” by phoneing the victim E at an unsound place. The Defendant made a false statement that “The lease term increase in KRW 14.9 million on the G side, a lessor of the Fcosmetic shop, and the extension shall be revoked if the deposit increase is not made by the due date.”
However, in fact, G, a lessor, did not request the increase of rental deposit for the above cosmetics store, and the defendant thought that he was in arrears with the above money received from the victim.
On July 6, 2011, the Defendant acquired money from the victim and acquired the money from the victim.
Summary of Evidence
1. The defendant's partial statements in the second trial records shall be written and recorded;