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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. On January 18, 2012, the Defendant entered into a real estate lease agreement with the victim E and Gangnam-si F apartment 103, 104,000,000 won for the entire lease deposit with the victim E around 103,000 won at a certified judicial scrivener office located in Gangseo-si, Gangnam-si, and the Defendant: (a) the victim first moved into the apartment complex in the name of the Defendant’s G community credit cooperative (HF) account number on January 18, 2012, with the remainder of KRW 70,000,000,000,000 won; and (b) at the same time, the Defendant received the remainder of KRW 7,6,000,000 from the creditor’s Seocho-si, which was set up under subparagraph 104, 100,000 won, and (c) the victim first moved into the apartment complex under the name of the Defendant’s G account number (HFF).
On March 5, 2012, the Defendant concluded that “Around March 5, 2012, the Defendant, instead of reducing the maximum debt amount of the establishment registration of a neighboring mortgage established in the F Apartment, the Defendant would have paid KRW 70 million to the Plaintiff the remainder of 54 million, which is the remainder of the time to set up a first priority collective security right, which is set at KRW 84 million among the K site buildings owned by the J, the actual owner, and which is set at KRW 101 503, 100,000,000,000 won.”
However, in fact, in the situation where the business funds of the Franchisive Business for Women operated by the defendant at the time are insufficient, the defendant was thought to receive the deposit from the victim to use it as the above business funds, and the senior lease on a deposit basis should be established by concluding a lease contract with L and I Apartment around March 2, 2012. Therefore, the defendant did not have the intention or ability to establish the first priority lease on the above I Apartment.
Nevertheless, on March 5, 2012, the Defendant, by deceiving the victim as above, received KRW 5 million, which is part of the remainder from the Defendant’s agricultural bank passbook under the name of the Defendant, from the victim, and the Defendant received on March 5, 2012.