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Defendant
A shall be punished by imprisonment for six months.
Defendant
B shall be innocent.
Reasons
[Judgment against Defendant A] A is a representative delegated with the authority to conclude the instant real estate rental contract by F, the owner of the second floor of Jongno-gu Seoul E-building 201 (hereinafter “instant real estate”).
On April 4, 2012, the Defendant: (a) on the “H real estate” located in Jongno-gu Seoul Metropolitan Government G, the Defendant established the right to collateral security (hereinafter “instant right to collateral security”) in the name of community credit cooperatives (hereinafter “instant right to collateral security”) with a maximum debt amount of 380,220 million won on the instant real estate; (b) thereby, the victim I tried to obtain the lease deposit by deceiving the conclusion
Accordingly, the Defendant stated to the effect that “The actual amount of debt of the instant mortgage is KRW 130 million, which is sufficient to secure the instant real estate” to the victim.
However, in fact, the market price of the instant real estate was KRW 410 million, and the actual amount of debt secured by the instant collateral security was KRW 294 million (the amount of the claim of the actual community credit cooperative is KRW 322,328,700), and the instant real estate was in excess of the victim, and thus, there was a lessee J’s deposit worth KRW 30 million which takes precedence over the victim, so the instant real estate did not have the ability to secure the entire amount of the deposit with the instant real estate.
As such, the Defendant, by deceiving the victim, had the victim enter into a lease agreement with the Defendant on the same day, which covers KRW 80 million with respect to the instant real estate, and had the victim pay KRW 70 million with respect to the obligation to return the lease deposit to the former lessee on behalf of the Defendant, and acquired it by receiving KRW 80 million with respect to the said lease deposit by means of remittance to the account designated by the Defendant.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of the Acts and subordinate statutes governing witness I and B's respective legal statements;
1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act concerning the selection of criminal facts;