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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is the manager of the commercial building in Gangseo-gu Seoul Metropolitan Government as the owner of No. 2102-1 (hereinafter referred to as "the commercial building in this case") of Gangseo-gu Seoul Metropolitan Government.
1. On October 10, 2012, the Defendant explained that the area of the instant commercial building was 156.98 square meters to the victim E, and concluded a lease agreement with the victim (hereinafter “the instant lease agreement”) with regard to the instant commercial building by setting the deposit amount of KRW 20 million, monthly rent of KRW 1.5 million, and the lease period from October 28, 2012 to October 27, 2014. The victim’s “part of the commercial building is the area for common use, and the area for common use is the area for rent of the commercial building separately.”
The phrase “the victim used approximately KRW 99 square meters among the commercial buildings of this case” and had the victim use only approximately 9 square meters.
However, the entire portion of the commercial building of this case is the object of the lease contract of this case, and part of it does not correspond to the common part, and there was no difference between the defendant and the defendant.
As above, the Defendant: (a) by deceiving the victim; (b) received 1.5 million won from the victim on December 2012 under the name of rent corresponding to the entire commercial building of this case from the victim; and (c) received 24 million won in total from around that time to March 2014 as the monthly rent from around that time; and (d) obtained 1.5 million won in total from around that time to around March 2014.
2. On December 3, 2012, the Defendant said that the Defendant would pay 330,150 won to the victim of the management expenses for the commercial building on December 3, 2012 at the place where the first police officer was not a police officer.
However, even though the above management fee was not used by the victim but was the amount corresponding to the entire commercial building of this case including the area leased by the defendant to another person, the defendant did not notify the victim and only imposed the amount corresponding to the area used by the victim as the management cost.