A defendant shall be punished by imprisonment for 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 September 8, 2010, the Defendant entered into a lease contract with the victim D for two years from the office of the broker office in Scheon-si, Incheon Metropolitan City to lease 103 Dong 108 to KRW 40 million owned by the Defendant, and, on August 3, 2010, the Defendant did not inform the victim of such fact despite the fact that the Defendant additionally established the right to collateral security with F as the right to collateral security on August 13, 2010, the amount of KRW 20 million out of the maximum debt amount of KRW 40 million is preferentially repaid to the apartment on August 3, 2010.

However, even if the Defendant received a security deposit of KRW 40 million from the victim, the Defendant did not have the intent or ability to register the reduction of the right to collateral security by preferentially repaying the loans to the above Kimhae Livestock Industry Cooperatives as KRW 20 million from among the amount of the security deposit of KRW 40 million received from the victim. At the time of the expiration of the lease, the Defendant did not have the ability to return the deposit normally to the victim at the time of the expiration of the lease. The Defendant did not perform its duty despite the obligation to notify the victim of the fact that the right to collateral security was established for the above apartment.

The Defendant, as such, by deceiving the victim, received the payment of KRW 17 million from the victim on September 8, 2010 and KRW 23 million on October 2, 2010 as the lease deposit.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Statement of D police statement;

1. A real estate lease contract, a notification of the date of sale and the date of decision on sale, and letter;

1. Application of Acts and subordinate statutes to a certified copy of the register;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act concerning the selection of criminal facts;