사기
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal record] On September 21, 2017, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Daejeon District Court for six months, and the judgment became final and conclusive on September 29, 2017.
[2] After concluding a lease contract with C on January 22, 2011 with respect to D Apartment 107, 204, which is a public rental housing, the Defendant entered into a sub-lease contract with E on November 7, 2011 with the victim and the lease period of KRW 41,960,000,000.
On November 7, 2012, the Defendant concluded a sub-lease contract which increases the rental period from 1 year to 25 million won to 40 million won to 40 million won to 40 million won to the victim E and the above D apartment 107 Dong 204.
However, on January 31, 2012, the Defendant, upon receiving a loan of KRW 34,00,000 from the Saemaul Treasury, transferred the lease deposit of KRW 41,960,00 from the Defendant to the Saemaul Treasury as collateral for the repayment of the lease deposit of KRW 41,960,00 to the above apartment complex, the Defendant was able to recover the right to refund the lease deposit to the Saemaul Treasury at the time of the repayment, and there was no intention or ability to return the lease deposit to the Defendant at the time of the expiration of the sub-lease period when the obligation without any special property or income reaches KRW 100,000,000.
Nevertheless, the Defendant, by failing to notify the fact that the obligation to return the lease deposit of the above apartment of the Defendant was transferred as collateral for the credit, thereby inducing the victim to be aware that the Defendant’s obligation to return the lease deposit of the Defendant is a collateral for the victim’s right to return the sublease deposit of the sub-lease, and its equipment is F.m., the Defendant, upon receiving KRW 5 million from the injured party in cash on Nov. 7, 2012 and receiving KRW 5 million on Nov. 5, 2012 for the remainder of KRW 15 million, excluding KRW 25 million, which has been paid from the damaged party for the sublease deposit, and KRW 9.5 million on Nov. 30, 201.