A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The Defendant, as the owner of multi-household housing located in Yeongdeungpo-gu Seoul Metropolitan Government, on March 18, 2018, discussed the conclusion of the lease agreement between the victim F and the above multi-household housing G at the Dongjak-gu Seoul Building C and the E Licensed Real Estate Agent Office (E Licensed Real Estate Agent Office) around March 18, 2018. On the grounds that “this multi-household house is subject to a right to collateral security equivalent to the maximum debt amount of KRW 500 million for this multi-household house, but the actual debt amount is equivalent to KRW 400 million, and the deposit for lease of the existing lessee is equivalent to KRW 600 million, there is no problem of refund of deposit for lease on a deposit basis.”

However, at the time, the Defendant, in relation to the above multi-household housing, was obligated to return the deposit for lease on a deposit basis to the existing tenants worth KRW 1.661 billion in total, in addition to the deposit for lease on a deposit basis equivalent to the actual debt amount of KRW 400 million. The above multi-household housing was purchased by the Defendant around January 15, 2015, and it was practically difficult for the Defendant to sell the deposit at a price above the above purchase price when auction commences. The Defendant invested the deposit for lease from the tenant of the above multi-household housing in his/her personal business and virtual currency but did not have any particular profits and did not return the deposit for lease to some tenants who already left the house. Therefore, even if the deposit for lease was paid from the victim, there was no intention or ability to return it safely.

As above, the Defendant, by deceiving the victim, had the victim enter into a lease contract under which the victim rents the said multi-household G as KRW 125 million prior to the lease deposit, and between March 18, 2018 and April 22, 2018, totaling KRW 125 million as the lease deposit.