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A defendant shall be punished by imprisonment for not less than eight 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
On April 201, the Defendant made a false statement to the victim F through E, an employee, at the office of the D Company's office operated by the Defendant located on the sixth floor of the Busan High-gu Busan High-gu Seoul High-gu, that “The security deposit of KRW 20 million, monthly tax of KRW 500,000,000, and contract period of two years. We entered into a ten-year fake contract with C, and still remains for seven years or remaining contract period.”
However, in fact, the Defendant, among the above buildings, was anticipated to terminate the lease agreement on August 31, 201 by concluding only a year contract with Sung Chang Fend Co., Ltd., the 6th 590th 59th 7th 6th 7th 7th 6th 590 as a small theater, and was prohibited from subleting the leased object under the lease agreement. Around that time, there was no deposit in arrears for a considerable period of time due to the delayed rent and management expenses for the lessor, and thus, even if the Defendant did not have the ability to guarantee the contract period for the same two years as the above agreement or return the deposit received after the expiration of the contract, such fact was entirely concealed
The Defendant, as above, by deceiving the victims, received five million won as a sublease deposit from the victims on April 2, 201, and 15 million won from the victims on May 27, 2011, respectively under the same name as the victim, respectively.
Summary of Evidence
1. Legal statement of witness F;
1. A copy of each prosecutor's statement concerning G and E;
1. A copy of each police statement made to H and I;
1. Application of Acts and subordinate statutes on sublease contract, lease contract;
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. Selection of imprisonment with prison labor chosen;
1. The Defendant’s assertion regarding the suspended execution under Article 62(1) of the Criminal Act (i.e., the amount of damage, the overall process of the contract, etc.) is denied, but it is unclear whether the Defendant continues to exist according to the evidence in its holding, especially the terms and conditions of the lease agreement, and the statement