A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 8, 2008, the Defendant established a right to lease on a deposit basis for the second floor of housing owned by the victim C in Gwangju Mine-gu, Gwangju, with a deposit for lease on a deposit basis of KRW 30 million. The Defendant borrowed the deposit for lease on a deposit basis from the Korea Land and Housing Corporation, which was registered in the name of the Korea Land and Housing Corporation, and the mortgagee did not have any right to the above deposit for lease on a deposit basis. Even if the above deposit was delivered by the victim as a substitute for housing construction, the Defendant did not think that the plan to use the deposit for personal hospital expenses and living expenses would have been returned to the Korea Housing Corporation, and did not seek apartment to be

그럼에도 불구하고, 피고인은 2011. 10. 31.경 위 피해자의 주택에서 피해자에게 ‘이사 가려고 아파트를 구해 놨는데 전세금을 내주지 않아 계약도 못하고 있다, 아파트 계약을 못하면 당신이 책임질 것이냐, 내가 전세금을 받아서 토지공사에 가져다줄테니 아무 걱정하지 말라‘고 거짓말하여, 이에 속은 피해자로부터 전세금 반환 명목으로 현금 3,000만 원을 교부받았다.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of a receipt, a certified copy of the register of the instant rental house;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. In view of the fact that the reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing following the suspended sentence) of the Criminal Act, when considering that the amount obtained by the defendant from the victim reaches 30 million won, and that the victim has not been recovered from damage up to now, it is necessary to strictly punish the defendant.

However, on the other hand, the defendant's recognition of the crime of this case is against the defendant, and the defendant is punished by a fine not only three times but also three times.