On January 27, 2013, the Defendant, at Seongbuk-gu Seoul Metropolitan Government, concluded that “The victim D, a studio tenant of the building 303, located in Seongbuk-gu Seoul Metropolitan Government, made the remainder of the deposit after a new tenant, and paid the remainder of the deposit after a day, the Defendant would immediately refund the deposit amount of KRW 30,000,000,000,000 won.”

However, in fact, the defendant agreed to receive the balance of the deposit from the new lessee at the same time as the new lessee entered into the lease, and all of the receipts used to repay the principal and interest of the loan, so there was no intention or ability to return the balance to the victim even if the new lessee receives

Around January 28, 2013, the Defendant acquired pecuniary benefits equivalent to the security deposit by taking over the studio from the victim around January 28, 2013 from the victim and losing the opposing power as the lessee.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Studio lease contract;

1. Application of Acts and subordinate statutes to printed materials;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Suspension of Pronouncement of Sentence of the Criminal Act provides that the term “when the conditions of sentencing as provided by Article 51 of the Criminal Act are clearly considered, including the degree of reflectivity,” refers to the case where a defendant would not be subject to the punishment even if he/she does not sentence the punishment in light of the overall conditions of sentencing as provided by Article 51 of the Criminal Act. On the contrary, this interpretation limits the case where “when the circumstances of the opening are obvious” in this context to mean a case where the defendant clearly repents a crime in depth, or where the defendant denies a criminal offense without confession, the suspension of sentence may be made whenever he/she denies the sentence.