A defendant shall be punished by imprisonment for not more than ten months.

The request of the applicant for compensation shall be dismissed.

Punishment of the crime

The Defendant is a current or former tenant of Seocho-gu Seoul Metropolitan Government D apartment, 119 Dong 702 (165.052m2).

On July 10, 2013, the Defendant entered into a contract for the lease of an apartment (monthly rent) with G, the mother of G, to pay KRW 20 million, and KRW 6 million each month, from July 20, 2013 to January 19, 2014, with respect to the said D Apartment 119 Dong 702, which is owned by the victim G, at the F Authorized Broker Office located in Seocho-gu Seoul E Commercial Building 1, Seocho-gu, Seoul. However, the Defendant entered into a contract for the lease of an apartment (monthly rent) with G, the mother of which is to pay KRW 36 million in advance.

On January 11, 2014, when six months have elapsed, concluded a lease contract with the above apartment 119, 702 around January 11, 2014, which provides that deposit shall be maintained as it is and shall be paid KRW 6,500,000 per month, while making a false statement to the effect that rent shall be paid without mold.

However, at the time, the defendant did not have any special property or fixed income and paid interest to the company with a considerable amount of debt, and had the intention to use the money as retirement allowance for other business purposes, and there was no intention or ability to pay the difference because the success of the business was unclear.

Nevertheless, despite the fact that the Defendant deceptioned the above C and entered into a lease renewal contract with the above C, the Defendant did not pay a sum of approximately 35 months rent (6.5 million won x 35 months) from January 19, 2014 to December 26, 2016, and did not pay a sum of KRW 227,50,000,00 in property interest equivalent to that amount.

Summary of Evidence

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police against C;

1. Application of the apartment lease agreement, preliminary notice of real estate execution, details of revenue and expenditure, application for commencement of individual rehabilitation procedures, and statutes governing the list of individual rehabilitation creditors;

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.