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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 14, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment for one year for fraud, etc., and the said judgment became final and conclusive on June 22, 2013.
The defendant actually manages the above aggregate building with the mother of the owner C in Busan B building No. 1001.
On September 18, 2012, the Defendant did not refund the lease deposit to D who was a lessee under the above aggregate building 1001, and on September 18, 2012, the registration of the lease deposit was completed with the lease deposit of KRW 30 million, and the lease deposit of KRW 40 million with the lessee D, and the lower lessee did not have the right to obtain preferential repayment under the Housing Lease Protection Act due to the existence of the registration of the above housing lease, and thereafter, the above 1001 did not move into the new lessee.
On January 11, 2013, the Defendant enticed the victim as if he can secure the right of lessee under the Housing Lease Protection Act, such as the right to preferential payment, in a case where the victim becomes a lessee under the Housing Lease Protection Act, on behalf of the owner under the name of registration, by presenting a copy of the register of the above 1001, or by notifying the fact that the victim is unable to secure the lessee’s right, such as preferential payment right, on behalf of the owner of the above 1001.
The Defendant entered into a lease agreement with the victim immediately with regard to the above 1001, and transferred money of KRW 20 million to C as the down payment on the same day, and acquired money of KRW 5 million from April 10, 2013 to C in the name of the balance and acquired money of KRW 25 million.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. The investigation report; and