[Criminal record] On July 19, 2017, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud at the Seoul Eastern District Court, which became final and conclusive on October 24, 2017.

[2] On February 28, 2014, the Defendant, as the owner of the 25 household unit of Seongdong-gu Seoul building C, is the victim F in Seongdong-gu Seoul, and at the E-style brokerage office located in Seongdong-gu Seoul, the Defendant would pay the remainder from 53 million won to 20 million won to the victim F.

D. In the event that D’s payment of the leased deposit is made, D’s false statement was made that “I am me about to reduce the maximum amount of the claim with the money, and to enter into a lease contract.”

However, at the time of fact, the Defendant did not have any intent or ability to reduce the maximum amount of the right to collateral security, since the Defendant received the lease deposit from the injured party and used it for other purposes, such as repayment of the existing debt, business operation expenses, etc., and then did not have any intent or ability to reduce the maximum amount of the right to collateral security.

On February 28, 2014, the Defendant entered into a lease agreement with the victim on the said C building 604, and received a total of KRW 100 million from the victim, including KRW 5 million on the same day, KRW 5 million on March 21, 2014, KRW 50 million on March 21, 2014, and KRW 100 million on April 1, 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Penalty provisions: Provisions of Article 347 (1) of the Criminal Act, and selection of punishment by imprisonment;

1. Handling concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Suspension of execution: Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that the victim shall not be punished by compensating for the entire amount of dividends at auction and cash, etc., and the security money shall be deposited