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A defendant shall be punished by imprisonment for two years.
However, the above sentence shall be executed against the defendant for three years from the date of the final judgment.
Reasons
Punishment of the crime
1. On December 2010, Defendant A established a mutual company, the main purpose of which is to remodel the victim B with the 5,6th floor of the Nam-gu Incheon Metropolitan City building C (hereinafter “instant building”) around December 2, 2010, and to sell it by remodelling the 5 and the 6th floor to the hereinafter “the studio telecom”) in the soup room, and carried out the construction of remodeling the 5 and the 6th floor of the instant building to the studio telecom.
During that period, Defendant A was unable to use the construction cost and was unable to rent the 6th floor of the instant building because he was unable to rent the entire household of the 6th floor of the instant building, and was in charge of the lessee’s management of the instant building. On November 10, 2011, Defendant G Co-Defendant G (Separationd on August 10, 201) and the lease deposit was determined as KRW 100 million on the F Real Estate located in Jung-gu Seoul Metropolitan Government around November 10, 201 for the purpose of using the lease deposit for the construction cost, and received KRW 10 million from G deposit.
Meanwhile, from March 201, Defendant A entered into a management contract with several parties on the condition that “At the time of completion of the instant building, Defendant A managed the 6th floor of the instant building for 12 months, and, at the same time, the said 450,000 won per month to the several-minutes, guarantee profits and the lease management work directly conducted by the mandatory.”
However, Defendant A had delayed construction of the instant building due to pressure of funds, etc., and 450,000 won for monthly revenues promised to both parties (450,000 won x 123 households x 5,5350,000 won) were not capable of paying the monthly revenues. Defendant A’s financial pressure changed to return the down payment, and instead, Defendant A did not notify the new lessee of the monthly revenues that he/she should pay to both parties by printing new defects, and used it as the construction costs, etc. by receiving the lease deposit from a new lessee.