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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On April 13, 2012, the Defendant entered into a lease agreement with the victim C by April 20, 2014, which leases KRW 1100,000 monthly rent of KRW 1.1 million with the victim, at the E Licensed Real Estate Agent Office of Seo-gu Incheon Metropolitan City (hereinafter “Seoul”) around April 13, 2012, the Defendant paid the victim KRW 4,50,000 among the remainder of KRW 19,50,000 among the remainder of KRW 19,50,000,000, and the remainder of KRW 15,000,000 will be paid by July 30, 2012.”
However, in fact, the Defendant did not have any property owned by bad credit holders, and there was no intention or ability to pay the lease deposit and monthly rent according to the terms and conditions of the contract, because the Defendant had no asset owned by bad credit holders, operated the restaurant immediately, and planned to pay the lease deposit with its profits.
As such, the Defendant, by deceiving the victim, was handed over the said commercial building from the victim on April 2012, and continued to operate the restaurant business in the name of “F” until October 21, 2012, and acquired property benefits equivalent to KRW 1,900,000 in unpaid rent for six months.
2. Around May 3, 2012, the defrauded of the Victim G said that “Around May 3, 2012, the Defendant supplied the victim G with food materials, and would pay the cost to the victim G, without any difference, at the end of each month.”
However, the defendant did not have the intent or ability to pay the cost of food materials to the victim on the last day of each month.
The Defendant, as such, by deceiving the victim, received food materials equivalent to KRW 7,066,30 from May 3, 2012 to October 18, 2012 from the victim.
3. On April 20, 2012, the Defendant against the victim H: “Around April 2012, the victim H supplied the victim H with LPG gas at the above restaurant, and, at the end of each week, he/she would pay the price without any molding from the end of each month.”