A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant was aware of the lease contract with the victim D around September 3, 2014, as a lessor of several defense rooms, including Seodaemun-gu Seoul Building B (hereinafter “B”) No. 3, etc. around September 3, 2014.

Since then, on March 28, 2015, the victim entered into a lease contract with the Defendant for B building C (hereinafter “instant building”) with the lease deposit of KRW 140 million and the lease period from September 3, 2014 to September 3, 2015, and received a fixed date after completing the move-in report on May 6, 2015.

On March 3, 2016, at the G coffee shop located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Defendant concluded to the effect that, “The Defendant planned to stop a golf course on the side of the party branch, and the construction cost is needed to pay back the Plaintiff with a mother and child. It is necessary to grant a security loan to the instant head office, which is being a director of the party branch, and would maintain a lease contract until September 3, 2018 without raising a lease deposit if he/she yields the status of the first-class preferential right holder and temporarily moves into the B building H. In addition, from September 3, 2017 after having been granted a loan by establishing a collateral security right with respect to the instant head office, the Defendant would restore the status of the first preferential right holder to recover the status of the first preferential right holder by cancelling the registration of creation of a neighboring mortgage from September 3, 2017.”

However, under the circumstances where the Defendant did not specifically promote the golf course business at the time, and did not possess any asset that can be disposed of and commercialized, the Defendant was in excess of the obligation to pay KRW 310 million to the creditor I Bank. Therefore, even if the Defendant obtained a loan by establishing the right to collateral security with respect to the instant room, the Defendant did not have any intention or ability to cancel the right to collateral security until September 3, 2017 and restore the status of the person with the right to preferential repayment to the victim.

Accordingly, the Defendant deceivings the victim as above and caused the victim to move-in report to H of the B building around March 16, 2016.