The Defendant, around March 2009, at the D Elementary School Meal Service Center located in Gwangjin-gu Seoul Special Metropolitan City, owned the victim E with “The apartment of this case” (hereinafter “the apartment of this case”) No. 8, 701, Songpa-gu Seoul. The Defendant did not pay interest on the loan to the Suhyup and is currently at present auction. When resolving other debts and seizures in the Suhyup, it would be concluded that it would terminate the agreement of acceptance auction. If entering the lease contract, the Defendant would settle other debts and seizures with the deposit, and would be able to look at without having to know about the return of the deposit.” On April 20, 2009, the Defendant concluded the lease contract with the victim on the following terms: “The Defendant’s real estate registration attached No. 14, 15, 16, 17, 197, and 199, for the apartment of this case.”

However, the registration of creation of a new mortgage on the apartment of this case was KRW 100 million in the amount of the loan debt, and the seizure of Nos. 14 and 16 was due to the Defendant’s default of tax, and the delinquent amount was KRW 30 million in arrears. The provisional seizure of No. 15 was due to the delayed payment of vehicle rent, and the overdue lease amount was equivalent to KRW 5 million in arrears. The Defendant’s monthly interest on loans and vehicle rent, etc., which the Defendant should pay for each month, are equivalent to KRW 10 million. Since the monthly income of the Defendant was short of the amount, the seizure, provisional seizure, etc. was conducted, so even if the Defendant received KRW 100 million from the victim as the deposit for the lease deposit, it was impossible to cancel the registration of creation of a new mortgage, seizure, and provisional seizure.

The defendant deceivings the victim as above, and thereby, on April 21, 2009, the victim's deposit account of the defendant on April 21, 2009, KRW 20 million with the same account on May 10, 2009, KRW 37.64 million with the same account on May 14, 2009, and KRW 37.64 million with the same account on May 14, 2009. < Amended by Act No. 9737, Jul. 6, 2009>