A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 15, 2014, the Defendant entered into a sub-lease contract with C around April 15, 2014, setting a deposit of KRW 15 million as to unregistered buildings on E-land at the time of conclusion that C paid a deposit of KRW 15 million to D who is the owner of the land around the border.

Where a former lessee leases the leased object without the consent of the lessor or the lessee, the former lessee cannot set up against the lessor’s claim for the return of the leased object, etc., and cannot demand the lessor or the lessee to return the deposit directly. Since the former lessee cannot guarantee the return of the deposit for the former lease because he/she is dependent on the claim for the return of the deposit for the sub-lease held by the lessee unless the former lessee is capable of returning the deposit for the former lease, the former lessee is obligated to notify the former lessee of the fact that the relevant contract is a sub-lease contract, whether the lessor and the lessee consent to the lease contract for the former lease, whether the former lessee and the lessee consent to the lease and the sub-lease contract for the former lease, and the former lessee

On June 12, 2014, the Defendant entered into a lease agreement with the victim F to set the deposit amount of KRW 15 million for the above unregistered building in the non-registered restaurant located in Seosan-si, Seosan-si. In addition, the Defendant did not obtain the consent of the lessor D and the lessee. Moreover, the amount remaining after paying KRW 8 million out of the deposit amount of KRW 15 million to the lessee C as the deposit for living expenses was planned to be used for the purpose of living expenses, and even though the above lease agreement was not different, the Defendant did not have the intent or ability to return the deposit for the former loan to the victim even after the completion of the lease agreement, the Defendant did not obtain the consent of the victim and the lessor D and the lessee, and the fact that the amount of the sublease deposit that the Defendant may claim the lessee to return to C is more than eight million won.