A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant is the owner of the building B in Gyeonggi-gu.

On July 26, 2017, the Defendant entered into a lease agreement with the victim C on the following grounds: “Around July 26, 2017, the Defendant would show the current tenants who reside in the Republic of Korea, and would allow them to move into the building around August 7, 2017.”

However, in fact, under the circumstances where the provisional attachment or collateral security was established by bearing a large number of debts on the above building as collateral, the Defendant was expected to apply for auction because the interest was not paid from time to time, and even if the deposit was paid from the injured party, the Defendant planned to pay the interest on the deposit for the deposit for the lease of the previous tenant was not a way to return the deposit for the lease of the previous tenant.

The Defendant received from the victimized person a transfer of KRW 3 million on the same day as the deposit money for the lease on a deposit basis, KRW 4 million on July 31, 2017, and KRW 27 million on August 4, 2017, to an account in the name of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to verify a copy of a real estate lease agreement and the details of each transaction;

1. The punishment is imposed in consideration of the fact that the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the fact that the reason for sentencing of imprisonment with prison labor is not specified, that the damage is not recovered, and that the attitude of participating in the trial is very rough and not good, such as not attending the trial on several occasions, etc.