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 became final and conclusive.

Punishment of the crime

On September 25, 2006, the Defendant leased the fourth floor of a building located in Suwon-gu B from the owner of the building to KRW 25 million, monthly rent of KRW 1,80,000 (property heavy taxation and value-added tax lessee) and operated “D”, and the rent unpaid from 2007 to 2010 was 27,240,000 won in total. From 2008 to 2012, the Defendant was 60,000 won in the heavy property tax amount of KRW 32,00,000 in each month. Accordingly, there was no security deposit to be returned from C, and instead, it was required to pay C the unpaid amount of monthly rent and property tax.

Nevertheless, around September 4, 2012, Nonindicted Party E sub-leaseed the above main points to KRW 20 million, monthly rent of KRW 4,000,000,000. On November 201, 2012, Nonindicted Party F borrowed KRW 45,000 from Nonindicted Party F, who offered the above D lease deposit of KRW 25,00,00 as security, and on July 2013, F transferred the above credit to G in the course of repaying money from Nonindicted Party G to F.

On March 1, 2013, the Defendant entered into a sub-lease contract with the victim H (29 years of age) and the above D in the above D, with a lease deposit of KRW 25 million, monthly rent of KRW 3,90,000,000, and did not notify that the amount in arrears, such as rent, exceeds the lease deposit, and there was no lease deposit to be returned from the building owner, and that the above lease deposit repayment claim was provided as security to F.

In addition, the Defendant had been in bad credit standing since 1998, and was borrowed from other persons equivalent to KRW 250,000,000 from the above D's opening business expenses. Since there was a debt such as unpaid rent, etc., even if the victim received a lease deposit from the victim, there was no intention or ability to have the lessee conduct business normally or return the lease deposit upon the expiration of the lease term.

As above, the defendant deceivings the victim and is up to it.