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

On February 3, 2012, the Defendant leased D Apartment 102 Dong 605, Asan-si, Asan-si, Asan-si, and paid KRW 65 million to the victim as the deposit money.

On April 8, 2014, the Defendant received a loan of KRW 52,00,00 from the Kanyang Life Insurance Co., Ltd., and established the collateral limit in the future of the Kanyang Life Insurance Co., Ltd. with respect to the claim to return the lease deposit against the victim as collateral, and the victim was notified of the establishment of the above collateral right around April 9, 2014.

On December 1, 2014, the Defendant was unable to make a loan to the victim in the vicinity of the D apartment in ASEAN-si around December 2014.

The lease deposit is lowered to 5 million won, and the rent is changed to the monthly rent. If the lease deposit and the monthly rent of 12 million won are deducted from the monthly rent of 2 years, the lease deposit will be refunded to the money.

The phrase “ makes a false statement.”

However, even if the defendant was to return the lease deposit amount of 48 million won from the injured party, he did not have any intention or ability to repay the lease deposit to the Keo Life Insurance Co., Ltd. as he promised to do so.

On December 1, 2014, the Defendant acquired 48 million won in the name of return of lease deposit from the damaged party to the new bank account (Account Number E) in the name of the Defendant on December 15, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Act and subordinate statutes to an apartment lease contract, a monthly rent contract for real estate, a loan application, a contract for the establishment of a pledge right, a notice of pledge right, the text of the Seoul Central District Court Decision 2015Ga group 5187082, and the examination of the results of the bank transfer

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. Article 62(1) of the Criminal Act (The following circumstances are considered in favor of the reasons for sentencing).