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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Criminal facts
Around 14:00 on April 28, 2012, the Defendant concluded a lease agreement with the victim for multi-family housing 102 owned by the Defendant located in the Defendant in Yancheon-gu, Seoul Special Metropolitan City on April 14:0, 2012, stating that “The security deposit shall be KRW 3.5 million, and the security deposit shall be KRW 3.5 million, and the security deposit shall be KRW 3.5 million, and the balance shall be 31.5 million. The security deposit in the name of F, which was established in the building, shall be cancelled at the same time when the remainder is paid.”
However, since the defendant was unable to repay F's debt to F at the time, even if he received deposit of KRW 35 million from the victim, he did not have an intention or ability to cancel the F's right to collateral security.
The Defendant received deposit of KRW 3.5 million from the victim on April 28, 2012, and KRW 3.1.5 million on May 18, 2012.
Ultimately, the Defendant, by deceiving the victim, received a total of KRW 35 million.
"2014 Highest 870"
1. On May 10, 2013, the Defendant stated that, from May 10, 2013 to the Defendant’s house located in 15:00, the front city G and 402, the Defendant made a false statement to the Victim H by mobile phones, that “A student who works for a school in South and North, has a four-story building and a commercial building, and the money is urgently needed. On the other hand, the Defendant would use the month when he/she borrowed money, and pay the principal and interest by calculating the annual interest at 30% on the basis of the husband’s monthly salary and the monthly income of the building.”
However, in fact, the Defendant had no particular property at the time, and the Defendant was obliged to pay KRW 3.8 million per month only with interest, and the Defendant was obliged to pay KRW 3.8 million per month. Since the monthly tax of KRW 1 million and the husband’s monthly wage of KRW 3.5 million with the above interest and living expenses cannot be charged with the above interest and living expenses, even if he borrowed money from the victim, the Defendant did not have an intent or ability to pay it.
The Defendant received KRW 10,00 from the victim as the borrowed money on the same day.
2. The crime committed on June 10, 2013.