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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around 14:00 on April 2, 2015, the Defendant: (a) around 14:50, the Defendant’s operation of the Defendant’s 410 of the Gangnam-gu Seoul Metropolitan Government C Building results in the victim E’s profits of KRW 3.5 million from KRW 3.5 million per month to KRW 4.5 million, excluding all expenses.
As a result of the request made by the consulting company, it is possible to receive premium of KRW 120,000,000.
In addition, the phrase “to make up for the amount of KRW 32 million to the extent of KRW 32 million” was false.
However, from around 2014, the monthly average income of D Kapet was only about KRW 200,000 to KRW 350,000.
As such, the Defendant, by deceiving the victim, entered into a contract with the victim to take over the goodwill by designating as KRW 32 million, and had the victim take over the goodwill between the victim and his husband F, enter into a lease contract with the victim to enter into between the lease deposit amount of KRW 20 million, KRW 1.3 million per month, and KRW 1.3 million per month from April 14, 2015 to April 14, 2016, and acquired the lease contract from the victim to April 14, 2016 for the lease contract to KRW 3 million for the same day, KRW 2 million for the name of lease deposit, KRW 2 million for the same day from the victim, and KRW 29 million for the name of the remainder on April 14, 2015, KRW 960,000,000 as the premium, and KRW 18 million for the remainder of lease deposit from August 16, 2015 to March 16, 2015.
Summary of Evidence
1. Entry of the defendant in part in the first trial record;
1. Each legal statement of witness E and G;
1. Recording records;
1. Application of the business registration certificate, agreement on the transfer of a right, details of the payment of rent, agreement on lease of a real estate, agreement on the lease of a commercial building, details of monthly rent, settlement report, settlement report, settlement report, sales data, settlement report, original of settlement report, details of deposit for a lease, and the Acts
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Determination as to the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act
1. The Defendant’s summary of the assertion is the instant car page.