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

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

Punishment of the crime

The defendant is a person who has worked as a broker assistant at the D Licensed Real Estate Agent Office located in the Gu-Si Office B operated by her husband.

On July 26, 2018, the Defendant made a false statement to the victim E by telephone at the above licensed real estate agent office stating, “The full-time deposit for the house in the husband’s name of the husband who was delegated within the Republic of Korea shall be promptly returned.” On August 15, 2018, the Defendant borrowed KRW 25 million. If the new lessee moves into the area, he/she would immediately receive the lease deposit and return it immediately.”

However, in fact, the Defendant invested money in virtual currency through F, which is the source of money borrowed from the victim (the Defendant, around July 27, 2018, remitted KRW 20 million to F), was intended to use personal card payments, bank interest payments, etc., and did not guarantee that the Defendant’s husband would use the money in return of deposit money for the lease of a house under the name of the Defendant’s husband until August 15, 2018, or that the new lessee would have occupied and receive the deposit for lease by August 15, 2018. At the time, the Defendant was liable for financial obligations of KRW 47 million in total amount of the third financial rights, including G, and the Defendant did not have any specific property, so even if he borrowed money from the victim, the Defendant did not have any intent or ability to pay KRW 25 million to the victim until August 15, 2018.

Nevertheless, on July 26, 2018, the Defendant, by deceiving the victim, received 25 million won from the H bank account (I) in the name of the Defendant under the name of the husband as the refund deposit for the deposit money for the lease of a house under the name of the husband around July 26, 2018.

Accordingly, the defendant deceivings the victim, thereby deceiving 25 million won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Certification of details of deposit transactions, conversation details, details of account transactions, investigation reports (in relation to attachment of a detailed statement of bank transactions), accident status (in relation to telephone conversations with F and telephone conversations), application of Acts and subordinate statutes to personal rehabilitation application documents;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.