A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On April 24, 2009, the Defendant: (a) rented a name influor C and apartment as a monthly rent, and (b) concluded that he would borrow the deposit for the lease on a monthly basis; and (c) on April 24, 2009, the name influor shall publish an advertisement in a daily life information page that he leases the above apartment after renting it in the amount of KRW 5 million, KRW 500,000,000, KRW 500,000,000 and KRW 500,000,000,000,000; and (d) the Defendant decided to lease the said apartment to the victim F who reported and contacted the above advertisement on June 15, 2009, and leased the said apartment to the victim KRW 53,00,000,000,000.

On June 25, 2009, the Defendant issued a real estate lease agreement with the content that the Defendant would lease the said apartment to the victim KRW 53 million with the deposit deposit, while presenting the identity card of D, which was forged to the victim, at the H Authorized Broker Office located in Ulsan-gu G, Ulsan-gu, and doing so as to act as if the Defendant was D, the owner of the said apartment.

However, even if the defendant received the deposit from the injured party, he did not have the intention or ability to lease the above apartment as a whole.

On June 15, 2009, the Defendant received KRW 500,000 from the injured party as the down payment (I) from the post office account in the name of D around June 15, 2009, and received KRW 1,000,000 as the additional down payment around June 17, 2009, and received KRW 51,20,000 in total, such as receiving KRW 49,70,000 under the balance of the deposit for the deposit for the lease on a deposit basis on July 1, 209.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person with no name.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning F, J, K, and L;

1. Application of statutes on a real estate lease contract and a certified copy of registry;

1. 범죄사실에 대한 해당 법조 형법 제 347조 제 1 항, 제 30 조( 포괄하여 징역형 선택) [ 양형이 유] 양형기준 : 징역 6월 ~ 1년 6월 ☞ 1억 원 미만 일반 사기 기본영역 동종 전력의 존재, 피해 규모나...