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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the owner of the building 202, 302 in Suwon-gu, Busan.
1. On March 16, 2013, the Defendant leased No. 302 of the C Building to the victim D at the F Licensed Real Estate Agent Office located in Busan District, Busan District. On March 16, 2013, the Defendant leased No. 100 million won and monthly rent of KRW 200,000.
The Defendant concluded a lease agreement with the victim, stating that the victim’s maximum debt amount of KRW 130,00,000 as the maximum debt amount set forth in the above 302 is set up, and uneasy, the Defendant concluded the lease agreement with the victim, stating that “I will not know about about whether the lease deposit amount of KRW 100,000,000 is to be repaid out of the secured debt of the right to collateral security of the right to collateral security, even if the lease agreement is stipulated in a special agreement with the victim,” and stipulated that “I will refund KRW 0,000,000 out of the remainder of the loan after the remainder.”
However, in fact, the Defendant purchased the above 302 and 202 worth a total of 3.3 million won from the former owner, but considering that the former owner took over the secured obligation of the right to collateral security established by the said 302 and 202, the Defendant was in a situation in which each KRW 50 million should be paid more than the down payment, and there was no particular property or income for the Defendant. Therefore, even if the Defendant received the lease deposit from the victim, he was willing to pay the balance to the former owner, and did not have the intent to use it for the cancellation of the right to collateral security.
As such, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim as down payment, under the pretext of intermediate payment, KRW 20 million on March 12, 2013, KRW 10 million on March 13, 2013, KRW 13.68 million on March 19, 2013, and KRW 100 million on the pretext of remainder payment from the victim’s bank account in the name of the Defendant.
2. On June 22, 2013, the Defendant was the victim on the second floor of the building I in Suwon-gu, Busan.