A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant is the owner of the building B in Busan District.

The Defendant, around April 16, 2016, leased D real estate brokerage offices located in Busan-gun, Busan-gun, to the victim E who wishes to rent the above 301 heading room, “B lending 301 heading KRW 80 million,000,000 for two years.

The senior mortgage, which was established on the loan, was applied for cancellation and was scheduled to be cancelled, and thus, was false to the effect that the lease of the loan and the refund of the deposit during the contract period was not at all problematic.

However, at the time, the Defendant was scheduled to file a petition for bankruptcy due to extremely bad financial standing, such as delinquency of personal debts worth KRW 3 billion, and there was no intention or ability to guarantee the lease by the victim or to return the deposit, during the contract period, on the grounds that the Defendant did not file an application for cancellation of the above right to collateral, and rather, the loan was voluntarily sold by the F with the prior notice of auction given by the mortgagee F.

Accordingly, the Defendant, as above, by deceiving the victim as above, was given KRW 1 million in total, including KRW 79 million around May 18, 2016 and KRW 80 million in the name of lease deposit from the victim, namely, from the third party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and F;

1. Application of each investigation report and credit assessment details Acts and subordinate statutes;

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act regarding criminal facts, the reasons for sentencing of sentence of imprisonment [the scope of recommending punishment] General Fraud / [the sentence] / [the sentence shall be sentenced from June to January 1] of the basic area (the sentence shall be sentenced] / [the sentence shall be sentenced] of the crime of this case by deceiving the security deposit which serves as the basis of the victim's life by the defendant, and the victim is deemed to have caused serious economic difficulties, and even if the damage has not been repaid up to the day, the defendant shall be sentenced to punishment in light of the fact that the damage has not been repaid up to the day. It is so ordered as per Disposition.