If the defendant does not pay the above fine, 50,000 won.

In fact, the Defendant entered into a lease agreement with E, the owner, on December 31, 2008, on a monthly rent of KRW 5 million, and thereafter, from February 28, 2009 to June 7, 2010, the sum of monthly rent of KRW 11,100,000 from February 28, 2009 reached KRW 11,10,000. Accordingly, the Defendant filed a lawsuit against the Defendant on June 8, 201 to demand the payment of the delayed monthly rent. As such, even if the Defendant entered into a contract on the deposit with D, the Defendant did not have any intent or ability to return the deposit received from the victim because the deposit could not be returned to the Defendant upon expiration of the contract term.

Nevertheless, at around 17:00 on June 28, 2012, the Defendant made a false statement to the effect that “The security deposit to be received from the owner of the building in question from the owner of the building in Macheon-si G apartment 305 Dong 1806, 205, the Defendant entered into a charter party contract on deposit with the amount of KRW 10 million, and changed the security deposit to KRW 4 million, and the security deposit paid shall be fully returned from the owner of the building.”

The Defendant, as such, by deceiving the victim, received 4 million won as the deposit for the key money on deposit as well as the money from the victim.

Summary of Evidence

1. Each legal statement of witness F, H and E;

1. A copy of the real estate lease contract;

1. A copy of the judgment;

1. Application of Acts and subordinate statutes to a report on investigation (report on the pronouncement and delivery of a civil history judgment);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;