사기
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Basic Facts] On September 2, 2006, the Defendant entered into a lease agreement with the lessor C on two years of lease term, 100 million won of lease deposit, and 10 million won of lease deposit with the lessee as the Defendant with the lessor as to the Yongsan-gu apartment unit B apartment unit 106 and 702 on September 2, 2006, and upon the expiration of the lease term, the Defendant entered into a lease agreement with the lessee to renew the lease contract at each time (the lease deposit shall be increased to KRW 140 million on September 22, 2012) and was residing in the Dongyang Savings Bank as of April 30, 2014, and received a loan of KRW 180 million from the Dongyang Savings Bank as of April 30, 2014, and then transferred the lease bond claim ( KRW 140 million) to the Dongyang Savings Bank at that time, and notified it to the Dongyang Savings Bank Co., Ltd.
On September 21, 2014, the Defendant: (a) requested the increase of rent deposit from business C at the expiration of the lease term; (b) proposed that “A lease contract shall be concluded again in the name of D, which is the wife, because the current loan is high and interest rate is low; (c)” to “A lease contract shall be renewed in the name of D, which is an additional loan, is obtained; and (d) on the 21st of the same month between C and C, the lease contract shall be renewed in D, with the lease deposit increased by KRW 37 million in the existing amount, and the lessee.
[2] On February 2, 2015, the Defendant filed an application for a loan with the Plaintiff’s life insurance company (hereinafter “victim”) at the center of Ilyang-gu, Seoyang-gu, Busan, the Defendant: (a) submitted the said apartment lease agreement to E, an employee of the victim; and (b) decided to set a pledge on KRW 135,60,000,00 among the Defendant’s claim for the return of the lease deposit to C, with the Defendant’s claim for the return of the lease deposit to C.
However, as seen above, the Defendant had already transferred KRW 140 million out of the above apartment rental deposit repayment claim to the Dongyang Savings Bank, thereby having no value of collateral to exceed KRW 30 million.
Nevertheless, the defendant deceiving the defendant as above and his deceiving it around February 6, 2015.