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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Opinion] On May 17, 2017, the Defendant, who served as the representative director C, was sentenced to one year of imprisonment with prison labor in a housing site district district of Suwon District Court for fraud, and the said judgment became final and conclusive on September 19, 2017.
[2] Around August 5, 2011, the Defendant leased the secondary commercial building “F” located in Pyeongtaek-si E from D with a deposit of KRW 500 million, monthly rent of KRW 24 million, and the contract term of two years.
On the other hand, on January 29, 2013, the Defendant leased the above commercial building C-103, 104, and 105 under the condition of KRW 100 million and the lease period of two years.
On July 15, 2014, the Defendant changed the existing lease agreement with the victim to “250 million won, succession to the existing deposit amount of KRW 100 million, and one year from the lease term,” at C Office, a corporation located in the above commercial building.
However, since February 2013, C did not pay the rent to D properly, C was notified of the cancellation of the lease agreement around May 21, 2014, and it was subject to the notification from D on June 27, 2014, and the Defendant was served with a copy of the complaint on July 8, 2014. Thus, even if the lease contract with the victim was concluded again with the above commercial building, C did not have any intent or ability to use and make profits from the above commercial building C, 103, 104, and 105.
As above, the Defendant deceivings the victim as above, and acquired KRW 100,000 on July 15, 2014 from the victim to the national bank account in the name of C as a deposit money for lease.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect of H by the prosecution;
1. Statement of the police statement related to G;
1. A copy of each lease agreement, a copy of the details of the financial transaction of the national bank in G name, and a copy of the complaint (as of June 27, 2014);