A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal record] On November 18, 2016, the Defendant was sentenced to six months of imprisonment for fraud in the Daejeon District Court’s Branch of the Daejeon District Court, and the said judgment became final and conclusive on November 28, 2016.

[Criminal facts] Defendant is the owner of Seo-gu B Officetel in Seoan-gu, Seoan-gu.

On February 22, 2015, the Defendant entered into a real estate lease agreement with the victim E and the above Btel 406 in the office of “D real estate” located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si, with the lessor, the victim, and the lessee from February 23, 2015 to February 22, 2017, with the lease deposit amount of KRW 38 million from February 23, 2017, with the lease agreement with the lessor, the lessee, and the lessee from February 23, 2015 to February 22, 2017, and the victim is inside of 3-4 households in total of Btel 29 households, and the rest of the household is a monthly contractor, thereby safe return of the lease deposit.

“Falsely speaks to the purport,” and signed a written lease agreement of real estate stating “the amount of guarantee shall be approximately KRW 350 million.”

However, the Defendant had already entered into a charter contract with the victim for at least 22 households of Btel 406 before entering into a charter contract with the victim. The Defendant had no intention or ability to return the deposit safely even if the Defendant entered into a lease contract with the victim because the financial status of the Defendant is not good, the deposit to be returned was at least KRW 8450 million, not KRW 350 million, but at least KRW 8475 million.

The Defendant, as such, by deceiving the victim, received KRW 38 million from the victim, as a deposit, around February 22, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A certificate for all the matters to be registered, a real estate lease agreement, and a detailed statement on the progress of auction;

1. Previous convictions: Inquiries about criminal history, application of the text of 2016 High Order 972, one copy of the text of 972, and one output of the personal acceptance status;

1. Criminal facts;