A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 17, 2011, the Defendant established a right to lease on a deposit basis amounting to KRW 1.9 billion. A right to lease on a deposit basis has been established, and upon a creditor’s application for a compulsory auction, the Defendant acquired the ownership of 553.8 square meters of land D and three-story buildings on the same ground during the compulsory auction procedure, and entered into a commercial lease agreement with E on November 14, 2012, setting the lease period from November 14, 2012 to November 13, 2017.

On April 2013, the Defendant requested the termination of the lease contract and the return of the deposit from E on the grounds that the above building, etc. is in progress of auction, but did not have the ability to return the deposit to the party, and the Defendant was able to receive the deposit from the lessee and return the deposit to E with the money.

On April 22, 2013, the Defendant entered into a commercial building lease agreement with the victim, setting the deposit amount of KRW 30 million, monthly rent of KRW 3.5 million, premium of KRW 50 million, and the lease period from May 1, 2013 to April 30, 2018.

However, the Defendant, in the course of the auction procedure, could not actually use the commercial building, and it is well known that the deposit for lease may not be distributed in the auction procedure. If the Defendant requested the return of the deposit, etc. from the victim, he did not notify the victim of the fact that the deposit is in progress even though he did not have the intent or ability to return it.

As above, the Defendant, by deceiving the victim as above, received 3 million won from the victim as the down payment on April 23, 2013, and transferred 27 million won to the Agricultural Cooperative Account under the name of the Defendant as the remainder on April 23, 2013, and aggregate as the deposit money.