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A defendant shall be punished by imprisonment for six months.
except that 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
Around July 5, 2017, the Defendant entered into a lease agreement with the victim and carried out interior works by taking the possession of the above commercial building into account the deposit amount of KRW 50 million and monthly rent of KRW 200,000,000,000,000,000, which is owned by the victim C, on the ground of his agent B, but the said agreement was placed at the situation where the said contract will be terminated due to the failure to pay the deposit and monthly rent.
On November 21, 2017, the Defendant made a false statement to the effect that “If the Defendant extended the time limit for the payment of the unpaid deposit and monthly rent to operate a restaurant by leasing the shops, he/she would pay the victim without a mold until February 1, 2018. He/she will prepare a provisional contract and written agreement and make a notarized letter to the effect that it will bring the victim into KRW 2.5 million from February 1, 2018.”
However, in fact, the Defendant did not have any particular property or income at the time, and it was extremely uncertain whether to receive investment or loans in connection with the lease and repair of the commercial building. Therefore, the Defendant did not have the intent or ability to pay the unpaid deposit and monthly rent by the due date of the promise.
Nevertheless, as above, the Defendant: (a) by deceiving the victim; and (b) obtained the pecuniary benefits of the amount of KRW 7,500,000,000,000,000 from August 18, 2017 to January 31, 2018 as the monthly rent of KRW 1084,00,00,000, extended from August 18, 2018 to February 1, 2018; and (c) obtained the pecuniary benefits of the amount of KRW 7,50,000,000,000,000 from February 1, 2018 to April 30, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.