"2016 Highest 1541"

1. On February 17, 2013, the Defendant made a false statement to the effect that “B is the eudio E, and the C building 202 is also managed instead of the C building 202. As to the C building 202, a lease contract is concluded for KRW 300,000,000,000 for KRW 30,000,000,000 after six months.” The Defendant would return the rental deposit to the 30,000,000,000 won before the beginning of the second semester in 2015.”

However, around May 2007, the Defendant purchased 440 million won, E, and paid only KRW 30 million to the Defendant, and the remaining amount was settled by borrowing or lending the bonds from the bank or the other party known to him/her, and at the same time, he/she was paid KRW 10 million or more per month. In addition, the Defendant did not have any intent or ability to return the deposit deposit normally around August 2015, even if he/she received money from the victim D as the deposit money, and even if he/she did not receive money from the victim D as the deposit, he/she did not have any intent or ability to return the deposit.

Nevertheless, the Defendant, as above, received 3 million won around February 17, 2013 from the above victim as a security deposit, and acquired 27 million won around August 17, 2013 from the above victim as well as 27 million won.

2. On March 9, 2013, the Defendant entered into a lease contract with the victim G and E 103 at the above “E” room, setting the rental deposit of KRW 15 million and the lease term of KRW 24 months.

However, for the same reasons as the above paragraph (1), the defendant is bound to use it in paying interest on existing obligations or returning the deposit for lease from other lessees, and thus, he/she is willing to return the deposit normally after the expiration of the contract period.