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Defendant
A Imprisonment with prison labor for ten months, for six months, for six months, and for six months, for six months.
except that this shall not apply.
Reasons
Punishment of the crime
Defendant
B is the representative director of E Underground Sales Agency (ju) F in Yeongdeungpo-gu Seoul Metropolitan Government, and Defendant C and Defendant A serve as the chief director of the above F. The above F entered into a contract for the vicarious lease of the above underground shopping mall with G around September 1, 2008 and entered into the contract for the vicarious lease of the lease from September 2009 to October 201.
1. On October 19, 2010, Defendant A concluded a sub-lease contract with the victim H in the sale office of the foregoing E Underground shopping mall, and Defendant A falsely stated that “The victim shall pay KRW 30 million premium to make a pre-loan contract. It shall not enter into a contract without paying the premium.”
However, in fact, the Defendant did not have any authority to receive the premium, such as not being delegated the authority to receive the premium from the said tenant, and the above underground shopping mall was newly established, so it is possible to conclude a sub-lease contract even without paying the premium because the premium itself is not formed.
As such, the Defendant, by deceiving the victim, received 30 million won as premium from the victim on the 22th of the same month, and acquired it by deceiving the victim.
2. Defendant A, B, and C co-principaled Defendants: (a) received the authority to conclude a sub-lease contract from J, the lessee No. 113; and (b) planned to acquire the premium from the sub-lessee, even though there was no authority to receive the premium due to the failure to obtain the authority to receive the premium; and (c) obtained the premium from the sub-lessee.
Defendant
C and A, according to the direction of Defendant B, concluded a sub-lease contract with the victim K in the sale office of the above E-Ground while entering into the sub-lease contract with the victim of the above 113 in the sale office on May 201, and the victim "the lessee (the lessor) paid the floor premium when the commercial building was sold in lots, so the lessee is replaced by the lessee (the lessor) with the premium of KRW 30 million.