[2013 Highest 5531]

1. The Defendant was merely a tenant who leased the second floor building (the first floor office and the second floor house) located in Young-gun, Young-gun, Jeonnam-gun, and thus, did not have the right to enter into a lease contract with another person with respect to the above building, but did not have the right to enter into a lease contract with another person, the Defendant was willing to acquire the deposit money by entering into a lease contract as if the Defendant was under a contract to register the ownership of the second floor house in a regional living information area, such as the Young-gu newspaper, where he was placed with the right to file a lease contract with another person.

On April 8, 2011, the Defendant concluded that “E” in the “E” store for the Defendant’s operation on the first floor of the building above, the victim F (n.e., 37 years of age) who reported and found the pre-sale sales advertisement paid by the Defendant, provided that “The remainder of the deposit amount of KRW 30,000,000,000,000,000,000,000,000,000,000 won

However, at the time, the Defendant was merely a tenant and did not pay monthly rent as above, and the Defendant did not have the intent or ability to lease the above building normally to the victim, and even if he was paid a debt amounting to about KRW 50 million as a person with bad credit standing, even if he was paid a security deposit from the victim as construction cost, it was thought to use it as construction cost, so there was no intention or ability to return the security deposit normally to the victim after the expiration of the lease

As such, the Defendant deceiving the victim and transferred 3 million won from the victim’s seat to the agricultural bank account in the name of G living together with the Defendant as the down payment, and around May 1, 2011 thereafter, the Defendant received the remainder of 27 million won from the victim and acquired the remainder of 30 million won from June 10, 2009 to the Defendant. < Amended by Act No. 11870, Mar. 1, 2013>