A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On October 29, 2015, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at Daejeon District Court on October 14, 2016, and the sentence became final and conclusive on October 14, 2016, and completed the execution of the sentence on June 16, 2017.

The defendant was the owner of Seo-gu apartment B apartment house C, and the victim D (the South and the age of 37) was the lessee who leased the above apartment.

On December 21, 2010, the Defendant entered into an apartment lease agreement with the victim on a deposit amounting to KRW 95 million with the victim and KRW 24 months during the lease period at the F Office located in Seo-gu, Seo-gu, Seoul on December 21, 2010. If the victim pays the remainder of the deposit amount of KRW 86 million on February 28, 201 to the victim, the Defendant is obliged to cancel the said apartment by repaying the right to collateral security, the maximum debt amount of which is KRW 53,00,000, and the right to collateral security, the maximum debt amount of which is KRW 25,200,000, to the G Bank, and the right to collateral security, the maximum debt amount of which is KRW 53,300,000, with the maximum debt amount of KRW 25,200,000.

“Special contract” was made to the effect that the victim received KRW 9 million as the down payment around December 21, 201, and KRW 86 million as the remainder of the deposit around February 28, 201.

However, even if the defendant received a security deposit from the victim, he did not think that the security deposit will be used for the repayment of the debt, and even if he used the security deposit first in another place, he did not have an intention or ability to cancel the security deposit, as he did not have the ability to prepare funds corresponding thereto.

Accordingly, the defendant deceivings the victim and obtained a total sum of KRW 95 million from the victim and acquired it by fraud.

Summary of Evidence

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of D police statement;

1. The premise contract for the apartment;

1. Notarial deeds;

1. Certificate of subrogation;

1. A certified copy of the register;

1. Each report on investigation and judgment; and

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions concerning facts constituting an offense;