except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On February 27, 2012, the Defendant entered into a housing lease agreement with the victim D and Eunpyeong-gu Seoul Eunpyeong-gu with a lease deposit of KRW 75 million (on a market price of KRW 120 million), and said that all of the collateral security currently established until the payment of the remainder of the lease deposit is cancelled, and that other collateral security, etc. is leased without any other collateral security.

However, even if the defendant leases the above 102 and receives the security deposit, it was not enough to pay all the purchase balance to the above 102, so it is necessary to receive money with the security of the above 102.

The victim D believed the above end of the Defendant as it is, paid the Defendant KRW 1 million and KRW 6 million on February 28, 2012 on the same day as the down payment, and subsequently confirmed that the right to collateral security set forth in the above subparagraph 102 was entirely cancelled through the inspection of the real estate register on March 9, 2012, and paid KRW 68 million the remainder of the security deposit.

On the same day, the Defendant entered into a mortgage contract with the Eunpyeong Saemaeul Community Credit Depository and the maximum debt amount of KRW 91,00,000 with respect to the above 102, and registered the establishment of a mortgage with the Eunpyeong Saemaeul Community Credit Depository as a mortgagee.

Therefore, even if the victim D satisfies the requirements for opposing power and preferential repayment right under the Housing Lease Protection Act, it was inevitable that the victim D would be lower than the right to collateral security of the Eunpyeong Saemaul Fund.

Accordingly, the defendant acquired the money equivalent to KRW 75 million from the victim D.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

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

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the lease contract, a statement of transaction by account, and all matters to be registered;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 of the Criminal Act: