On February 22, 2017, the Defendant made a false statement to the victim D in Yangsan-si B apartment C, stating that “The above apartment owned by the Defendant was leased prior to the lease for the period from March 27, 2017 to 24 months, and received KRW 150 million prior to the lease deposit on March 27, 2017, and at the same time, the said apartment would have cancelled three cases of collateral security established on the said apartment with the said money.”

However, even if the defendant received the deposit from the victim, he was thought to pay consolation money to the defendant's divorce with the above money, and there was no intention or ability to cancel the right to collateral security established on the above apartment with the above money.

Ultimately, the Defendant, by deceiving the victim as above, was transferred from the victim to the account in the name of the Defendant to the bank account in the name of the Defendant, KRW 150 million under the name of the deposit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to filing a complaint or real estate lease contract;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Type 2 (at least KRW 100, but less than KRW 500,00): Basic area (one year or four years); and

2. Based on the above sentencing criteria, the sentencing criteria as ordered shall be determined by comprehensively taking into account the following circumstances, Defendant’s age, character and conduct, environment, motive of crime, etc.:

The fact that there is no previous conviction in excess of fine, and the victim has been distributed about KRW 36 million in the auction procedure for apartment in the judgment, and some damage has been recovered, and the amount of damage disadvantageous to the defendant is large, and most of the damage has not been recovered.