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Defendants shall be punished by imprisonment for one year.
However, with respect to Defendant A, the same shall be three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On February 2, 2012, the Defendants’ joint crime committed by the Defendants: (a) to receive and operate a restaurant operated by the victim E in Yangsan-si; and (b) to pay KRW 100 million to the injured party for the entire facility cost, such as air conditioners, air conditioners, television, washing machines, raw timber table, and kitchen equipment installed in the said restaurant; and (c) to lease the said restaurant on condition of KRW 50 million monthly rent of KRW 2.5 million from the injured party; (d) to reduce the tax burden of the injured party while preparing a real estate lease contract for the purpose of reporting at the tax office, the Defendants signed a real estate lease contract with the amount of KRW 1.5 million per month rent, stating the amount of KRW 1.5 million per annum to reduce the tax burden of the injured party.
On the other hand, the Defendants would pay 50 million won the rent deposit as the building sold to the victims because they had leased a restaurant from the injured party as above, and had put the victim to sell the building owned by the Defendants.
Although the obligation to pay the rent was temporarily postponed, but the rent was paid in lieu of the unpaid rent of KRW 50,000,000 on behalf of the victim, since three months have passed since the commencement of the business by accepting the restaurant, the unpaid rent was paid in lieu of the unpaid rent of KRW 50,00,000.
The Defendants conspired to acquire money by filing a lawsuit claiming the return of the leased deposit against the victim, on the basis that the Defendants did not pay the leased deposit to the victim, but did not pay the leased deposit to the victim, while operating the restaurant for about four years on May 2016 with the victim upon receipt of the restaurant from the victim.
The Defendants conspired to commit a crime on June 21, 2016 at the Ulsan District Court located in the Nam-gu Incheon District Court, Ulsan District Court, and the Defendants are in receipt of the restaurant from the injured party.