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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant leased and operated “C marina” located in Western-gu, Seoan-si B between April 2015 and February 2018.
On November 22, 2016, the Defendant concluded a sub-lease contract which sub-leases the victim D 30 million won deposit from November 22, 2016 to November 21, 2018 on the condition that the monthly rent of KRW 800,000 from November 22, 2016.
However, at the time of the said sub-lease contract, the Defendant had been able to bring an action against the owner of the building by failing to pay approximately KRW 72 million monthly rent due to the business depression of the above “C M&C”. Since the Defendant was unable to pay approximately KRW 250 million loan obligations, KRW 70 million personal debts, etc., the Defendant was not able to have the victim operate the C M&C M&C in a stable manner, and there was no intent or ability to return the deposit amount of KRW 30 million received from the victim at the end of the contract.
Nevertheless, the Defendant entered into a sub-lease contract with the victim D, and obtained 30 million won as the sub-lease deposit from the victim on December 5, 2016, and acquired 30 million won from the victim in the name of E bank account (F).
Summary of Evidence
1. Defendant's legal statement;
1. The witness D’s legal statement and his defense counsel had the intent and ability to repay the money at the time of the instant case, but the victim’s arbitrary suspension of the operation of the static and Biocos, thereby making it difficult for the victim to do so.
However, the following circumstances revealed by the evidence duly adopted and investigated by this court, namely, the defendant was in a situation with a total of KRW 0,000 of monthly tax to be paid to the owner of the building at the time of the delivery of the sub-lease deposit from the victim, and the victim's suspension of business around June 2017, is on the ground that the defendant's monthly tax arrears was unpaid from the owner of the building.