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A defendant shall be punished by imprisonment for six months.
The defendant shall pay 40 million won to the applicant for compensation by fraud.
3.2
Reasons
Punishment of the crime
On December 19, 2010, the Defendant entered into a lease agreement with the victim E on the F apartment 102, 703, Suwon-si, Suwon-si, with the lease deposit of KRW 60 million for two years, and monthly rent of KRW 700,000. On July 6, 2011, the Defendant obtained a loan of KRW 48 million from Hyundai Capital Co., Ltd., and the Defendant established a pledge on the said lease deposit, and the victim consented to the pledge.
On December 19, 2012, the Defendant: “Around December 19, 2012, the Defendant: (a) in the G G real estate in front of the F apartment in Suwon-gu, Suwon-si; and (b) notwithstanding the fact that the Defendant did not have the intent or ability to repay the loan by returning the terms and conditions of the lease to the Hyundai Capital Co., Ltd.; (c) notwithstanding that the Defendant received KRW 40 million from the victim, the Defendant acquired the Defendant by means of money from the Defendant’s bank account under the name of the Defendant with the repayment of the loan-related loan amount of KRW 40 million,000,000,000,000,000 won in lieu of changing the monthly rent to KRW 1 million; and (d) the remainder of the lease deposit amount of KRW 40,000,000,000,000,00
Summary of Evidence
1. Legal testimony of witness E;
1. A protocol concerning the suspect examination of the accused;
1. Statement of the police statement of E;
1. The defendant deceiving the purport that "the establishment of a pledge shall be terminated with the repayment of loans to the freeboard capital," on the grounds that each apartment monthly rent contract, content certificate, transfer certificate, written consent of the pledge, written notification of the pledge and written notification of the refund of the lease deposit, receipts, the complaint, and the claim by the defendant and the defense counsel were not stated in the contents of the revised monthly rent contract made on December 19, 2012, and the complaint of this case was filed after the lapse of the extended period of time, and the complaint of this case was filed upon the filing of the suit from Hyundai Capital, and the content certificate sent by the victim did not state the "establishment of a pledge".