Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On August 2007, the Defendant moved into the second floor of the Busan Shipping Daegu B building, Busan, and the deposit amount of KRW 4 million out of KRW 20 million was insufficient.

Accordingly, the victim C (n, 66 years of age) who is the former tenant, borrowed KRW 4 million out of the deposit amount of KRW 20 million to the head of the house to him/her. The loan amount of KRW 4 million after three months is to be repaid at the rate of KRW 4 million.

However, the defendant did not have any intention or ability to repay it.

On August 9, 2007, the Defendant: (a) by deceiving the victim with a new deposit for the office of directors, and had the victim find only KRW 16 million out of the deposit for the lease on a deposit basis from the owner of the house; (b) borrowed the balance of KRW 4 million from the victim as his deposit for the lease on a deposit basis; and (c) drafted a notarial deed as of December 10, 2007 between the victim and the owner of the house by means of borrowing KRW 4 million as his deposit for the lease on a deposit basis.

However, the lease contract was terminated on one month after the occupancy, the lease deposit was refunded from the owner of the house to another place, and the loan was not repaid to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Notarial deeds;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;