The Defendant, at the “J Licensed Real Estate Agent Office” located in Gangnam-gu Seoul on May 30, 2011, leased a building located in Gangnam-gu Seoul (hereinafter “instant building”) owned by the victim K to pay KRW 100,000,000 per annum and KRW 8,000,000 per month.

“At the end,” paid as part of the deposit KRW 10 million.

In fact, the Defendant did not have any intention or ability to pay deposit and rent according to the agreement even if he leased the instant building from the said victim due to the lack of certain income or assets at the time.

The Defendant, as above, deceiving the victim and used the building of this case from the victim around June 20, 201 to March 30, 2012, but did not pay the victim the balance of the deposit amount of KRW 90 million and KRW 54 million out of the rent for eight months from July 201 to March 2012. As such, the Defendant acquired property benefits equivalent to KRW 13.5 million during the above period as to the unpaid deposit of KRW 90 million, including the legal interest of KRW 13.5 million and overdue rent of KRW 54 million, and KRW 67.5 million during the above period.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Police suspect interrogation protocol of M;

1. The police statement of K;

1. A copy of the judgment, or a copy of the judgment (3rd, 79 pages of the investigation records); and

1. A certified copy of the investigation record (one right 84 pages);

1. Contract, content certification (investigative records, six pages, ten pages);

1. A statement of performance;

1. Application of Acts and subordinate statutes on details of deposit transactions;

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 347(1) of the Criminal Act relating to the relevant criminal facts

1. The main point of the argument was to pay the balance of the deposit by selling an officetel in the Defendant’s wife M’s name, and to pay the remainder of the purchase price and the proceeds from the operation of English kindergarten in the instant building as revenue. In fact, around September 15, 201, N around KRW 170,000.