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

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

Punishment of the crime

around July 14, 2015, the Defendant entered into a lease agreement with the victim E to lease the instant loan No. 202 from around 350,000 won per month to the victim for a total of 24 months from around 20,000 won.

However, the Defendant took over the instant loan, which was newly constructed on or around May 2014, and received a loan equivalent to KRW 1.5 billion from the New Bank. The Defendant trusted the instant loan as collateral on or around July 2014, to a non-real estate trust company (hereinafter “trustee”), which was entrusted with the instant loan on or after the said loan. Under such trust contract, the Defendant was unable to perform the act of establishing rights, such as the instant loan without the prior consent of the trustee, and even if a lease was concluded with the prior consent of the trustee, it was the situation where the trustee should pay the deposit to the trustee even if the lease was made with the prior consent of the trustee, it was concluded a lease agreement without notifying the trustee of the specific details of the trust agreement, such as the payment of the deposit, and it was difficult to pay the deposit to the victim due to the failure to pay the loan interest, etc. after the acquisition of the instant loan, and thus, there was no intention to return the deposit to the victim during the lease period or the deposit.

Ultimately, the Defendant deceivings the victim as above, and thereby, 2 million won as the down payment from the victim on the same day, followed by the remainder, and 10 million won around July 20, 2015 and the following day.