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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a lessee of public rental housing C apartment C apartment D owned by the Korea Land and Housing Corporation in Nam-gu Incheon Metropolitan City.
1. A lessee of public rental housing in violation of the Special Act on Public Housing is prohibited from sublet any public rental housing to any other person, the Defendant, on January 2016, sublet the above public rental housing to E with a deposit of KRW 12.2 million.
2. Fraud;
A. On January 2016, the Defendant made a false statement to the effect that, at the Defendant’s house located in the F apartment G of Hongcheon-gun, Hongcheon-gun, Seoul, the Defendant would not hinder the Defendant from receiving the repayment of the sub-lease deposit later by repaying all the above loan debt if the apartment deposit was paid to the victim E with the “to sub-lease D apartment of Incheon, Incheon, and to sub-lease as collateral for the H lending obligation.”
However, in fact, the defendant had no intention or ability to return the sublease deposit to the victim later because he thought that all the defendant's daily living expenses, etc. will be consumed by the victim.
As such, the Defendant, by deceiving the victim, received one million won as the sublease deposit from the victim on January 11, 2016 from the victim, to the Defendant’s I bank account (J) as the sublease deposit, and acquired the money by defrauding the amount of KRW 12,200,000 in total from the above day to September 30, 2017 through the above method 11 times from the above day to September 30, 2017 as shown in the List of Attached Crimes.
B. On March 2017, the Defendant made a false statement to the effect that “If the Defendant fails to repay the loan obligation secured by the said apartment bond, the apartment rental contract may be terminated, and if the Defendant borrowed money, he/she will repay all the loan obligation.”
However, the defendant was thought to use money from the injured party for personal purposes, such as living expenses of the defendant, etc.