On August 26, 2014, the Defendant entered into a lease agreement with the victim E and the Defendant at the D Licensed Real Estate Agent Office located in Cheongju-si, Cheongju-si, with a approximately KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

On September 11, 2014, the Defendant took out a loan of KRW 51,50,000 as a collateral for the said apartment at the Bupyeong-dong branch of H bank, and thereafter agreed to set the right to collateral security of KRW 61,80,000 to the said apartment, but did not notify the victim thereof, and on the 12th day of the same month, the Defendant was transferred the remainder of the lease deposit to the account held in the name of the Defendant, and on the same day, completed the registration of creation of collateral security of KRW 61,80,000,000 to the obligee of H bank on the said apartment on the same day.

Accordingly, the defendant deceivings the victim, thereby deceiving 85 million won.

The victim had opposing power under the Housing Lease Protection Act by obtaining a moving-in report and a fixed date on September 12, 2009, for which the establishment registration of a neighboring mortgage has been completed, but the effect of the transfer-in report was occurred on September 13, 2009 (Article 3(1) of the same Act). Accordingly, the victim's claim for the return of the lease deposit was subordinate to the H bank's collateral security claim.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A written confirmation;

1. An investigation report (attached to data submitted by a suspect), details of transactions, text messages, investigation reports (attached to a loan transaction agreement and a loan application);

1. The application of Acts and subordinate statutes to inquire about the actual transaction of an apartment pre-sale contract, all the registered matters, certificate of confirmation (certificate of request for other remittance), resident registration, transcript, record, content certificate, and the actual transaction of a F apartment shall apply;

1. The criminal defendant, who is the reason for sentencing of imprisonment, has obtained by deceit the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act concerning the crime, the choice of punishment.