A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On August 20, 2019, the Defendant called the victim B, who was promising to marry, to obtain the lease on his own, Kim Jong-si apartment. The Defendant said that it is necessary to pay KRW 100 million as a deposit.

However, the Defendant was scheduled to enter into a monthly rent contract with the deposit of KRW 20 million even if he rents an apartment with a new apartment house, and the remainder of KRW 80 million was scheduled to be used as repayment of personal debt, etc. Therefore, even if he received KRW 100 million from the victim, he did not intend to use it as a deposit for lease.

The Defendant, by deceiving the victim as above, received KRW 100 million from the victim’s bank account in the name of D around August 23, 2019.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Legal statement of the witness B;

1. The police statement concerning B;

1. A real estate monthly rent contract, certificate of details of transactions, certificate of registration, full statement of matters to be registered, investigation report (Submission of details of consumption of suspect money), each statement of deposit transactions, confirmation of each details of transactions, investigation report ( telephone conversations of apartment lessor), investigation report (Attachment to a suspect credit information inquiry), credit information, investigation report (Submission of detailed statement of suspect deposit transactions);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of which is not less than KRW 100 million and less than KRW 500 million (the amount of punishment shall be set forth in Type 2], and 1 to 4 years; and

2. Determination of sentence: The following conditions: the Defendant’s age, character and conduct, occupation and environment, criminal records, motive, background, method, and consequence of the crime, as well as the circumstances before and after the crime, shall be imposed in the instant records and arguments, one year of imprisonment.