A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant is the actual owner of the studio B and the studio C in Nam-gu, Daegu.

1. On January 31, 2017, the Defendant against the victim D at the E Licensed Real Estate Agent Office located in Daegu-gu, Daegu-gu, “The market price of the Cudio Building is approximately KRW 1 billion and the total amount of the deposit for the lease of the entire building as at the present time is KRW 245 million. The above building F entered into a contract on the lease deposit amount of KRW 50 million and obtained only the fixed date, and the lease deposit would not be detached.

However, at the time of the completion of the contract, the obligation of the deposit for the lease on a deposit basis with respect to the building above was over KRW 515 million. Considering the secured amount of the right to collateral security (principal KRW 350 million and interest thereon) established on the building, the above studio building had little value of collateral, and the Defendant did not have any intent or ability to return the deposit for the lease on a deposit basis at the time of the expiration of the contract, since the Defendant bears excessive liability such as principal and interest of the loan, credit amount and public charges related to the building.

As such, the Defendant, by deceiving the victim and deceiving him/her as such, shall be KRW 500,00 won on January 31, 2017 as the deposit money for lease from the victim, and the same year.

2. A total of KRW 50 million, including KRW 49.5 million, was wired to the H bank account in G in the name of G and acquired through deception.

2. On July 18, 2017, the Defendant: (a) at the K Licensed Real Estate Agent Office located in the Seo-gu, Seo-gu, Daegu District Court of Justice on July 18, 2017, the Defendant entered into a contract with the victim I for KRW 288,00,000,000,000 for the total amount of the deposit against the entire building as at the present time; (b) when entering into a contract for KRW 40,000,000 for the deposit and obtained only the fixed date, the former deposit would not be detached.

However, at the time of fact, the obligation of the deposit on the deposit of the lease on the building was over KRW 417 million, and the secured amount of the right to collateral security established on the building (principal KRW 350 million and interest thereon).