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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The Defendant is the owner of the housing located in Jeju-si B, and the victim C (V, 42 years old) is the person who resides in the said housing after concluding a lease agreement with the Defendant from February 1, 2015 to January 31, 2016, KRW 500,000,000 per annum, and KRW 2.5 million per annum from January 31, 2016.
On December 2015, the Defendant would return KRW 200,000,000,000 per annum for one month of the remaining contract term, to the victim, if he/she has a director at a different place until December 2015.
was made.
Accordingly, the victim tried to accept the statement of the defendant.
At around 12:00 on December 31, 2015, the Defendant did not return 700,000 won, such as the deposit and annual rent, which the damaged person promised to display the “lease Agreement” to him/her, but did not return, and the Defendant destroyed the said lease agreement by drying it.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of existing Acts and subordinate statutes to a copy of lease agreement;
1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 366 of the Criminal Act;
1. Suspension of sentence: Article 59 (1) of the Criminal Act (the fact that the defendant is recognized as committing the crime, the victim fails to pay public charges during the term of lease, or damages or pollutes facilities within a house, etc., which may be considered in consideration of the motive and circumstances of the crime, and the lease contract has been destroyed;
In light of the fact that the rights of the victim under the contract are not extinguished, and the age, sex, environment, occupation, etc. of the defendant, the defendant is judged to have remarkably committed the crime and the circumstances that may not be re-offending in the future are considered to be significant. [The suspended punishment: fine of KRW 500,00, and refunded confinement period: KRW 100,00 per day: 10,000 per day] or more. It is decided as per Disposition.