The defendant is a person who works as a brokerage assistant in C office, and the victim is the owner of E Apartment 101 Dong 302 and F is the husband of G who entered into a lease contract with the victim with the above apartment.

On April 11, 2016, the Defendant made a false statement to the victim in the office C located in Si, Dong Young-si, Dong Young-si, stating that “The husband F of G, who is a son, is running the business, and need to take expenses to expand the business in the off of the off of the off of the off of the off of the off of the off of the off of the off of the off of the off of the off of the off of the off of the off of the off of the off of the off of the day. Once the deposit amount is deposited by the lessee in the amount of KRW 50 million, KRW 40 million out of the deposit amount shall be refunded to F, and when remitting KRW 40 million to the domestic account, KRW 40 million will be delivered to F.”

However, the above F did not have to demand a refund of KRW 40 million out of the deposit amount of KRW 50 million, and the defendant did not have any intention to deliver the above KRW 40 million to F.

On April 12, 2016, the Defendant, by deceiving the victim, received 40 million won from the victim to the Agricultural Cooperative Account (I) in the name of the Defendant, and acquired 40 million won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Copies of the police statement made to J;

1. Details of the lease contract, copy of passbook, and text note;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;