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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Basic Facts] On March 6, 2014, the Defendant entered into a lease agreement with the victim C to KRW 190 million and to April 14, 2016 for the lease deposit amount of KRW 190,000,000 and the lease term of KRW 15,00,000.
On March 12, 2014, the Defendant, “The amount of KRW 94.5 million out of the lease deposit of KRW 190 million, 190,000,000, is to receive and pay the loan from Samsung Bio-resources.
Upon the expiration of the lease term, the repayment of the above lease loan from the lease deposit is possible. Thus, the victim must sign the "written consent to the establishment of the right of pledge and letter of commitment to the return of the rent deposit" with the victim "if the lessor returns the lease deposit due to the termination, termination, etc. of the lease contract with the lessee, he shall give priority to returning the amount of the debt that the lessee is in the Samsung Life Insurance Co., Ltd. to the Samsung Life Insurance Co., Ltd.".
On April 15, 2014, the Defendant, around April 15, 2014, laid down a lease deposit of KRW 190 million to the victim.
[Criminal facts] The Defendant, around May 29, 2015, terminated the lease contract to the victim according to personal circumstances even though the lease contract period has exceeded one year.
If the lease deposit is returned, the money borrowed from Samsung Bio-resources will be returned directly immediately.
The phrase “ makes a false statement.”
However, even if the defendant received the lease deposit from the injured party, he did not intend to repay the obligation to borrow the lease deposit for Samsung Bio-resources.
The Defendant: (a) by deceiving the victim as above; (b) caused the victim to pay the above loan obligation to the victim, i.e., the victim of the damage, namely, the amount of KRW 190 million under the name of the refund of the deposit for lease; and (c) caused the victim to pay the above loan obligation.
This is the defendant.