A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who was the owner of building A of Dong Dong-gu, Incheon, and the victim D was a person who leased and resided in the above officetel.

On November 9, 2009, the Defendant entered into a lease agreement with the victim and the above building A, Dong-gu, Incheon, Nam-gu, Incheon, to "from November 14, 2009, to November 13, 201, the term of lease," with the victim "from the point of time to November 13, 201, the amount of KRW 130 million (the maximum amount of KRW 158.6 million) out of the amount of the collateral security debt established in the above officetel, if the Defendant paid the security deposit to the victim and the victim of the above building C, building A, Dong-gu, Nam-gu, Incheon, Nam-gu, Incheon."

The terms and conditions of the lease agreement are to exclude and redeem the principal of the loan at the end of the balance.

It is also a condition that reduction registration is made.

“.......”

However, in fact, the defendant had only four restaurants operated at the time, and was in an economically poor condition to the extent that the credit card price is overdue, as well as the rent, employee's monthly wage, material price, and credit card price. Therefore, the defendant did not have the intent or ability to pay the security loan and to register the reduction.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained money of KRW 5 million from the victim on November 9, 2009, and KRW 75 million on November 14, 2009 from the victim; and (c) obtained money from the agricultural bank account (H) in the name of the real estate broker G in the name of the real estate broker G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes governing the charter contract for officetels;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the amount of damage caused by the instant crime is not significant, but partly damaged.