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A defendant shall be punished by imprisonment for two years.
except that the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On August 26, 2014, the Defendant leased B as lessor the period of the contract, from November 12, 2015 to November 11, 2020, the deposit amount of KRW 30 million, monthly rent of KRW 30 million, and the full payment period of the deposit was August 12, 2014.
On February 15, 2016, the Defendant displayed the pharmacy lease agreement entered into with the victim E, and concluded a sublease contract with the victim on the same day to the effect that “I would have all rights to the F Pharmacy of the building D of Seongdong-gu, Sungnam-si, with the intention to allow the operation of the pharmacy.” On the same day, the term of the contract with the victim was 60 months from June 27, 2016, the deposit was 50 million won, and the premium was 1.1 billion won.
However, on May 7, 2015, before entering into a contract with the victim, the Defendant had already been attested by B to terminate the lease contract for a commercial building. Meanwhile, according to Article 14 of the lease contract entered into with B, the Defendant is prohibited from comprehensively transferring, partially leasing, etc. the business to a third party without obtaining approval from B, and was not approved by B of the sublease contract with the victim.
On February 15, 2016, the Defendant: (a) by deceiving the victim; (b) received KRW 300 million as a check as a down payment on or around February 15, 2016; (c) received KRW 300 million as a check on or around March 21, 2016; (d) received KRW 100 million as a premium on or around April 8, 2016; and (c) acquired KRW 200 million in total on or around June 30, 2016 as a premium.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A complaint filed by E;
1. Application of the Act and subordinate statutes on Investigation Report (B Director General G Statements);
1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning the crime (generality)
1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;