On February 2014, the Defendant, as the owner of the Gwangju Mine-gu B building, made a false statement to the victim F through the Defendant’s wife E, “B building is 303 years old, 65 million won old, 301 years old, 45 million won prior to 301 years old, 203 years old, and 65 million won prior to 203 years old, the lease on a deposit basis is not cancelled, and the remainder is all monthly rent contracts. When concluding a lease contract for subparagraph 202 of the building B and paying the deposit, the Defendant would also cancel the registration of the lease on a deposit basis as set forth in subparagraph 203 of the building.”

However, as the building B was leased as a whole, the sum of the maximum debt amount of the deposit for lease on a deposit basis and the right to collateral security established on the said real estate exceeded the housing value, and the tenant was urged to return the deposit for lease on a deposit basis due to the failure to return the deposit to the tenant, and thus, there was no intention or ability to cancel the registration of lease on a deposit basis set forth in subparagraph 203 of the said building

Nevertheless, the Defendant, as seen above, was issued 60 million won in total as the deposit money for the lease of 202 units of the said building from February 5, 2014 to February 14, 2014 by deceiving the victim and deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Protocol of the police statement concerning G;

1. A statement of damage to the F;

1. Each lease contract or rent contract;

1. A certified copy of each register;

1. Application of a copy of judgment;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act on the grounds for sentencing of punishment [the scope of recommending punishment] The basic area (6 months to one year and six months) of category 1 (less than KRW 100 million) of the Criminal Act (the period of 6 months to one year and six months) [the decision of sentencing] (the decision of sentencing] has no record of having been sentenced to punishment exceeding the previous conviction and fine due to the same crime, but the amount of damage in this case is not so much.