However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

On October 10, 2016, when the Defendant obtained a loan of KRW 370,00,000 from B bank, the Defendant decided to set up a pledge on the claim for the return of lease deposit amounting to KRW 432,00,000,000. On October 11, 2016, the Defendant concluded an apartment lease contract with the victim for KRW 450,000,000 for the deposit money for lease deposit and KRW 450,000 for the payment of the deposit money for the payment of lease deposit and the payment of KRW 432,00,00 for the payment of the deposit money for lease deposit. On November 29, 2016, the Defendant issued a notice of the establishment of a pledge to the victim on November 11, 2016.

Therefore, even though the defendant could not receive a deposit for lease on a deposit basis without the consent of B bank as a pledge holder, he thought that the elderly victim would take advantage of such fact by taking advantage of the fact that he did not know such fact.

On March 12, 2018, the Defendant requested the termination of a lease contract as if he/she could receive a reasonable return of security deposit without the consent of the bank B, even though the fact was not the victim at the above residence, and requested the return of security deposit on April 4, 2018 by notifying his/her own F bank account (G) and requesting the return of security deposit.

As such, the Defendant, by deceiving the victim, received the return of the deposit money from the victim on October 15, 2018 and acquired 370,000,000 won, which is equivalent to the above loan, from the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as a defendant's legal statement C and H's certificate of deposit transactions, certificate of performance of each police's written statement made by the police with the defendant, certificate of pledge on a neighboring pledge, notice of establishment of a pledge on a neighboring pledge, delivery certificate, letter, details of passbook, text message, deposit transaction record certificate, etc.;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [type 2] The general fraud [type 2] is at least KRW 100 million, and less than KRW 500 million (special sentencing factors] is less than KRW 500 million: The person who intentionally commits the act of deception; or