A defendant shall be punished by imprisonment for not more than ten months.

except that 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 January 27, 2012, the Defendant concluded a lease agreement with the victim D on the condition of deposit of KRW 150,000,000,000 per month, monthly rent of KRW 400,000,000,000 for the right to collateral security, which is established as the maximum debt amount of KRW 258,000,000,000 for the victim, at the C Real Estate Office located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) around January 27, 2012, the Defendant concluded a lease agreement on the condition of KRW 10,000,000,000 for the secured debt of KRW 11,100,000

However, the defendant has been instructed to demand the repayment of the obligation incurred due to the real estate implementation project that has been invested for several years, and even if the lease contract is made with the victim and the deposit is received, there was no intention or ability to repay the secured loan.

On January 27, 2012, the Defendant received KRW 15 million from the victim as the down payment, KRW 40 million as the intermediate payment on February 29, 2012, and KRW 150 million as the remainder payment on March 2, 2012, and received KRW 150 million in total from the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A lease contract for a multi-household;

1. Application of the Acts and subordinate statutes on banking transactions;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Persons subject to special mitigation in the mitigation area (from October to February) of Type 2 (at least KRW 100 million, but less than KRW 500,00): Where substantial damage has been recovered;

2. Determination of sentence: (a) the Defendant is against the sentence; (b) there is no more severe penalty than a fine; (c) the victim’s unpaid monthly damages after deducting KRW 140,000 from the remaining damages amount of KRW 140,000; and (d) the remainder of KRW 60,000 from the real estate broker’s promise to pay KRW 40,000 to the Defendant.