A defendant shall be punished by imprisonment for three years.

Punishment of the crime

The defendant was a person who owned the B unmanned telecom in Isan City.

On December 16, 2014, the Defendant leased the said telecom to the Victim C with a deposit of KRW 550 million, monthly rent of KRW 23 million. On December 31, 2012, the Defendant established the right to collateral security with a maximum debt of KRW 550 million, and the right to collateral security with a mortgagee C with a right to collateral security. However, at the same time, the Defendant was urged to receive financial pressure, such as repayment of the principal and interest of loans to the said telecom, and at the same time, to return the deposit from the victim for termination of the lease contract.

Around May 19, 2015, the Defendant, at the office located in the “B unmanned Telecom” above, concluded that “D is a new lessee of the said telecom,” and that “D will be returned first to the victim. In the event that the Defendant received KRW 500 million from D, the Defendant would immediately return the deposit, and made a false statement to “B unmanned Telecom,” which reads that “D will be a new lessee of the said telecom.”

However, the Defendant had extended approximately KRW 2.8 billion at the time, and the various principal and interest to be repaid every month have reached KRW 30 million per month, and even if the Defendant received KRW 500 million from the above D, he was trying to use it first in the repayment of the obligation. Therefore, even if the victim had terminated the above right to collateral security, he did not have the intention or ability to return the lease deposit properly.

Around May 26, 2015, the Defendant, by deceiving the victim as above, had the victim terminate the said right to collateral security, thereby acquiring pecuniary benefits equivalent to KRW 550,000 of the maximum debt amount.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Statement to E by the police;

1. A copy of the details of transactions of bankbooks of the F Association, G Association replies, H Association's prior replys, details of I Association's financial transactions, and copies of bankbooks transactions;

1. A real estate lease contract, full certificate of registered matters, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (for reference D),

1. The Act on the Aggravated Punishment, etc. of Specific Economic Crimes for the relevant criminal facts;