A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 26, 2013, the Defendant leased 42 million won as the lease deposit to the victim D (hereinafter “the instant house”) of C lending 4 and 301 (hereinafter “the instant house”) owned by the Defendant around July 26, 2013, and the victim has resided in the instant house from around September 30, 2013.

In the meantime, on April 20, 2015, the victim asked the defendant about whether he can move from the instant house by telephone before the contract period expires, and the defendant made a false statement to the victim stating that "I believe that I would am, and if I would am, I would return the instant house to others, I would return the existing lease deposit by receiving the deposit money."

However, in fact, even if the Defendant leased the instant house to another person in excess of his/her obligations and received the deposit of lease deposit, he/she was thought to use it for repayment of other obligations of the Defendant. Therefore, even if the victim first delivered the instant house, he/she did not have the intent or ability to return the deposit to the victim.

Around April 24, 2015, the Defendant: (a) by deceiving the victim, and the victim was forced to withdraw from the instant house and deliver the instant house to the Defendant; (b) but (c) did not refund the lease deposit amount of KRW 42 million to the victim; and (d) acquired pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint;

1. Each lease agreement;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Relevant legal provisions regarding criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, reasons [the scope of recommendation] for sentencing of imprisonment [the scope of recommendation] and the basic area (from June to January, 16) (no person subject to special sentencing] (a person subject to special sentencing] (a decision subject to sentencing] (a decision subject to sentencing] of the Defendant deceiving the victim, thereby causing damage to the Defendant by receiving the instant house.