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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
1. On August 28, 2017, through C through the office located on the fourth floor of the building B in Jung-gu Incheon, Jung-gu, Incheon, through C, an employee of the sales agency, the Defendant entered into a lease agreement between the victim and the victim regarding the above building B E as the lease deposit amount of KRW 110,000,000, and the lease term of KRW 17, 2017 from October 18, 2017 to October 17, 2019.
However, at the time of the fact, in order to enter into a lease contract with the trust of the above BF, the consent of the F is required, and the lease deposit should be deposited into the account designated by the first beneficiary; however, the Defendant did not obtain the consent of the lease; the lease deposit was not deposited into the account designated by the first beneficiary; and the Defendant intended to use the lease deposit by personal receipt; even if the lease deposit was paid, the “E” in the indictment of the B building G appears to be a clerical error in the name of the “Gho.”
(Evidence List 38 No. 38, an interrogation protocol of the defendant against the prosecution). Since it was intended to use the secured debt repayment, there was no intention or ability to lend B building E to the victim normally.
Nevertheless, the Defendant, by deceiving the victim, received 10,000,000 won from the victim as the down payment on the same day as the down payment, from the victim, to the I Association account under the name of H (J), and 100,000,000 won from October 18, 2017 to the K Bank account under the name of the Defendant (L).
Accordingly, the defendant deceivings the victim, thereby acquiring 110,000,000 won from the victim.
2. On May 2018, the Defendant violated the Civil Execution Act, against the Defendant, who is the representative director of NM, who is the creditor of NM, around May 2018, the Incheon District Court 2018Kadan7503, the Incheon District Court 2018Kadan7503, which commenced with the execution title of the final and conclusive judgment with execution title.