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Defendants shall be punished by imprisonment for one year and six months.
The defendants are 30 million won in fraud to each applicant for compensation.
Reasons
Punishment of the crime
The Defendants are married and married couple, from December 5, 2008 to October 2010, who operated a wedding hall in the name of “I” on part of the first floor and from the second floor to the fifth floor of the Dong-si H building owned by G from December 5, 2008.
The instant wedding hall was originally leased by the lessor G from October 1, 2006 to September 30, 201 to the lessee J for a fixed term of KRW 80 million, monthly rent of KRW 80 million, and five years. However, according to mutual agreement between G, J, and the Defendants, J set the lease deposit amount of KRW 80 million, monthly rent of KRW 800,000,000 from December 5, 2008 to September 30, 201 to make a sub-lease to the Defendants for 37 months. Accordingly, the Defendants agreed to make a sub-lease of KRW 50,000,000 on the date of the contract, and KRW 150,000,000,000 from December 29, 2008 to June 31, 2005; and accordingly, the Defendants agreed to make a sub-lease to each of the above KRW 300,500,000,00.
However, the Defendants paid to J KRW 50 million on or around December 5, 2008, KRW 90 million on or around January 19, 2009, KRW 40 million on or around January 21, 2009, KRW 20 million on or around January 22, 2009, KRW 50 million on or around April 1, 2009, KRW 250 million on or around April 1, 2009, KRW 250 million to G, and KRW 25 million on or around January 25, 2009, KRW 50 million on or around March 25, 2009, and KRW 50 million on or around March 25, 2009, each of the remaining deposits was not paid to J.
Although the Defendants failed to pay the remaining deposit amount of KRW 550 million as above, the Defendants paid all the agreed deposits to J, and committed as if they had a claim of KRW 850 million for the return of the lease deposit from G, a lessor, with the fact that there was a claim of KRW 850,000,000, the Defendants concluded various lease contracts with the victims and received the deposit and received it.
1. The Defendants in collusion with the victim K and the victim L to commit fraud on January 15, 2009, and “the victims from June 10, 2009 to June 9, 2010.”