However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

On February 5, 2008, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the victim C and the deposit KRW 60 million, monthly rent of KRW 100,000,000, C with the lessor as C, and the lessee as D (the mother of the Defendant).

On February 17, 2011, F, the Defendant’s obligee, was jointly and severally sentenced by the Seoul Western District Court to KRW 47,250,000 and KRW 47,250,000 as well as damages for delay. The Defendant and E were jointly and severally ordered F to pay F the amount of KRW 47,250,000 as a claim for reimbursement according to the above judgment and the claim for execution as a claim for reimbursement of KRW 47,250,000 as of July 28, 201: F, the obligor E, the third obligor C (victim), the attachment and assignment order was determined based on F, the claim for reimbursement of the lease deposit against E under the instant lease agreement with KRW 47,250,00 (excluding the lessee’s preferential reimbursement).

On September 201, the Defendant demanded the victim to return the lease deposit at an unsound place, and the Defendant stated that “The determination of seizure and assignment order on the lease deposit is to be resolved by ascertaining the internal issue, and it is not to be able to understand, and return the deposit.”

However, the defendant did not have any property due to bankruptcy at the time, so even if the security deposit was returned from the victim, there was no intention or ability to resolve the decision of seizure and assignment order of the security deposit.

Nevertheless, on September 28, 201, the Defendant: (a) by deceiving the victim as above; (b) had the Defendant’s mother D receive full 60 million won including 35 million won (excluding 25 million won in preferential repayment from 60 million won to 60 million won) under the name of the refund of deposit; and (c) obtained the said KRW 35 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions against the Defendant.