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A defendant shall be punished by imprisonment for six 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
1. On September 1, 201, the Defendant concluded a lease agreement with the victim D on the commercial building owned by the victim D on September 1, 201, stating that “The victim shall not pay KRW 10,000,000,000,000 from September 1, 201 to September 1, 2013, the lease agreement was concluded with the victim during the period from September 1, 201 to September 1, 201, and the victim shall not be paid KRW 10,000,000,000,000,000,000,000 won, but, on March 30, 2012, the victim will pay the deposit at the time, and the monthly rent will continue to be paid.”
However, in fact, the Defendant was in a state of bad credit standing and did not have certain income or assets. On March 30, 2012, the Defendant did not have any situation where money was raised, and thus there was no intention or ability to continue to pay monthly rent even if concluding a lease agreement as above.
As such, the Defendant, by deceiving the victim, entered into a lease contract on the said commercial building with the victim, was ordered to order the commercial building from September 1, 201 to March 1, 2012, and was used from September 1, 201, and 10 million won as lease deposit and 3.5 million won as monthly rent (7 months from September 1, 201 to March 201), acquired the pecuniary benefits equivalent to the said amount by paying the remainder.
2. Fraud related to the borrowed money;
A. On September 5, 2011, the Defendant made a false statement to the victim D, “I would immediately repay the money that he/she has borrowed in cash, if he/she received on September 20, 201, because there is a shortage of money in purchasing goods to perform funeral services in the building in the commercial building listed in paragraph (1).”
However, in fact, the Defendant was in a state of bad credit standing and did not have certain income or assets, and even if he borrowed money from the victim on September 20, 201, there was no intention or ability to repay the money.