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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
【Criminal Power】 On June 22, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and two months for fraud at the leisure branch of Suwon District Court, and the said judgment became final and conclusive on September 6, 2012.
【Criminal Facts】
1. On January 9, 2008, the Defendant entered into a real estate lease agreement with the victim C to lease a house located in Gyeonggi-si D with a deposit for KRW 25 million on June 24, 2009, the Defendant requested the victim to move from the victim's house located in the above D to a small house located in the above D, and leased the land located in Gyeyang-gun E for five years from the F. Existing lease key money for five million won from the victim. The Defendant said that the Defendant would return the existing lease money for KRW 25 million and lease the remainder of KRW 20 million as the lease deposit for a house container located in the above E.
However, on April 2007, the Defendant leased the above E-land from F in terms of annual rent of KRW 2.5 million, but was unable to pay rent after April 2008. Since the above land was leased for the purpose of defoliation, the Defendant did not have the right to install a house container at his own discretion. Therefore, the Defendant did not have the intent or ability to lease the above E-house container.
The Defendant entered into a lease agreement with the victim to convert the existing lease deposit amount of KRW 20 million to the lease deposit for the above land.
Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 20 million.
2. Crimes against G;
A. On February 201, 201, the Defendant 1, who counterfeited the securities of this case, shall color the Defendant’s vehicle that was parked in the front end of the house of the Defendant located in the Gyeonggi-gu Ho-si H on February 2, 2011 as the date of issuance, the date of payment, the addressee’s blank, and the place of payment, in the form of promissory note in which each of the “Seoul Special Metropolitan City” is written in the form of the annexed letter, “Seoul Metropolitan City”.