However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

On March 24, 2014, the Defendant concluded a lease agreement with the victim C Licensed Real Estate Agent Office located in Sungsung-si, setting the lease deposit amount of KRW 50 million and the lease period of KRW 2 years with the victim E-building F (hereinafter “the instant house”) at the C Licensed Real Estate Agent Office located in Sungsung-si, and concluded a lease agreement with the victim’s wife G with the victim’s wife as “The right to collateral security is set up on loan, but the lease deposit amount of KRW 50 million is paid to the victim’s wife, the Defendant would register the right to collateral security amount of KRW 20 million with a partial repayment of the debt amount of KRW 50 million.”

However, at the time of the construction of the above lending, the Defendant had a debt of approximately KRW 500 million with the construction work without the payment of the construction cost, and even if the Defendant received the lease deposit from the victim, it was difficult to pay the interest of the loan, there was no intention or ability to reduce the amount of the right to collateral security established on the lending.

Nevertheless, the Defendant, by deceiving the victim through his wife G of the victim, received money of KRW 5 million from the victim to the H bank account (I) in the name of the Defendant on the same day from the victim, and obtained money of KRW 45 million from April 25, 2014, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Second and third examination of the accused each protocol of suspect examination;

1. Full certificate of the registered matters;

1. The lease contract for the loan;

1. Each deposit transaction record certificate (the investigation record less than 44 pages and 49 pages), defense counsel and the defendant alleged that they had no intention to acquire by deception. However, according to the evidence as seen above, the defendant promised on March 24, 2014 that the amount of the right to collateral security should be reduced to KRW 20 million at the early time when the lease contract was concluded. The defendant received the remainder of KRW 45 million from the victim on April 25, 2014, and the defendant received the remainder of KRW 45 million from the victim as well as the remainder received from the victim.