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.

Criminal facts

The defendant is the owner of D Apartment 107 Dong 101, and the victim E is the lessee who leased the above apartment from the defendant.

On December 21, 2006, the Defendant agreed to conclude a lease agreement with the victim on the above apartment at G office located in the Gyeonggi-doHanam-si, Seoul, with the victim on December 21, 2006. The lease agreement was concluded between October 5, 2007 and October 5, 2009, the lease period of deposit from October 5, 2009, the lease deposit of deposit amount of KRW 140 million (the lease deposit of KRW 14 million on the date of the contract, the remainder of the contract amount of KRW 126 million on October 5, 2007, and the remainder of the contract amount of KRW 106,000,000,000,000 won when the Defendant set the right to collateral security on the above apartment as a special agreement, and agreed to obtain a fixed date of the lease agreement after one year.

Although the Defendant agreed with the victim as above, the Defendant received a total of KRW 250 million from the said apartment as collateral at the location of the branch office of the Korea Bank from July 25, 2007 (hereinafter “Korea Bank”), and thus, the Defendant was obligated to notify the victim of the above loan prior to receiving the remainder of security deposit from the victim.

Nevertheless, as stipulated in the above lease agreement, the Defendant did not notify the victim that the right to collateral security, the maximum debt amount of which does not exceed 140 million won, was established, and received 126 million won on October 5, 2007, the remainder of the deposit for lease on a deposit basis. On December 13, 2007, the Defendant completed the registration of the establishment of the collateral security at the point of extension of the loan amount of KRW 2952 million at the Bank.

Accordingly, the Defendant was paid 126 million won for the remainder of security deposit by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police interrogation of the accused (including E statements);

1. Application of the preceding lease contract, certified copy of register, and investigation reporting Act and subordinate statutes;

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