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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.
Reasons
Punishment of the crime
On May 20, 2015, the Defendant is able to pay money to the victims E in Dda located in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.
I prepared a letter to the purport that it shall be held responsible for and to accept the consent of the building owner on the transfer of the right of lease so that the funeral may be operated normally, and that it shall be held responsible for all the normal operation of the funeral hall.
Accordingly, on June 1, 2015, the Defendant entered into a building lease contract with the victim for a lease deposit of KRW 300 million, monthly rent of KRW 10 million, and the term of lease from June 1, 2015 to June 1, 2021, and entered into a separate contract for the transfer of the right to a F funeral hall business with premium of KRW 185 million.
However, the above funeral hall was leased to H around April 26, 2014 by the real owner G (30 million won, monthly rent of KRW 10 million, from April 26, 2014 to April 26, 2019). In other words, H leased deposits to the Defendant and I with the consent of the owner of G on February 3, 2015 (30 million won, monthly rent of KRW 10 million, from February 3, 2015 to February 2021, KRW 190,000,000,000 won, and KRW 190,000,000,000). In the process, the owner G did not consent to the transfer of the right to lease, or did not consent to the transfer of the right to lease, which is likely to occur in the future due to the lease relationship that he had equipped with the funeral hall, and there was no reason to obtain the consent of the owner of the right to lease or the right to lease.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained a sum of KRW 50 million as the down payment on May 20, 2015 from the victim; (c) around June 1, 2015; and (d) obtained KRW 480 million, including KRW 430 million, in terms of the name of the deposit and the premium for facilities, from the victim; and (d) acquired such money by deception.
Summary of Evidence
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