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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On September 30, 201, from around June 4, 2016 to around June 4, 2016, the Defendant leased the lease deposit of KRW 12,000,000,000,000 to the Plaintiff-B-owned Busan apartment (107 Dong 502) and was leased KRW 90,000,000 from the same fire and marine insurance (hereinafter “same fire”) with the consent of the victim around October 7, 2015.
On June 3, 2016, the Defendant made a false statement to the victim that “When the Defendant would move out of the apartment, if he would return the rent deposit, he would have to pay the rent of KRW 90,00,000,000 from the fire of the same unit.”
However, as seen above, the defendant bears at least KRW 30 million at the time of the repayment of the leased deposit, and seems to have failed to pay the interest. In other cases, the defendant did not have any intention or ability to pay the loan to the same fire even if he/she receives the refund of the leased deposit from the injured party, such as he/she bears the liability of KRW 20 million.
As such, the Defendant: (a) by deceiving the victim; (b) transferred KRW 120 million from the same place to the victim for the return of deposit money for the lease on a deposit basis; and (c) paid KRW 10 million out of that place to the same fire; and (b) the remainder of KRW 80 million was not repaid for personal purposes, such as repaying the Defendant’s bond; and (c) accordingly, (d) caused the victim to be placed in a situation in which the victim should repay KRW 80 million to the same part of the fire.
Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 80 million.
2. On June 7, 2016, the Defendant altered private documents: (a) at the E-private teaching institute located in Kimhae-si D around Kimhae-si, instructed the Defendant to demand the payment of KRW 90 million loans from the said damage to the said e-private teaching institute; (b) the Defendant’s reimbursement of the “general loan doctrine account statement (for customers)” received from the said e-mail using a computer located therein; and (c) the amount returned to the said e-private teaching institute “10,000.