A defendant shall be punished by imprisonment for four months.

except that 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

On February 14, 2013, the Defendant made a false statement to the victim D, stating that “The Defendant shall lease 203,000,000 won as security deposit to the owner of the five-story building owned by the Defendant in Busan-gu, Busan-gu, and immediately return the security deposit upon the expiration of the lease term.”

However, under the circumstances where a senior mortgage was established with a maximum debt amount of 364 million won in the above building, the former lessee of the above building failed to receive a refund of 30 million won from the deposit amount of 30 million won on January 31, 2013, and even if the auction was being conducted after receiving a decision on commencement of auction from the Busan District Court on February 1, 2013 and the victim received a deposit from the victim, it was thought that the former lessee of the above building was forced to leave the building before the lease period expires because the victim did not intend to pay the deposit which was not paid to E and withdraw the auction, and even if the above 203 is leased, the victim was forced to leave the building before the lease period expires.

In addition, on November 8, 2012, the National Health Insurance Corporation attached the defendant's share of ownership of the above building on the condition that the defendant did not have any particular real estate or a certain fixed income except the above building, and the National Health Insurance Corporation did not pay national health insurance premiums, and on the above building, the amount of security deposit in an amount equivalent to 364 million won was set, as well as the amount of security deposit of the lessee transferred first to the victim is more than 300 million won, so there was no intention or ability to return the security deposit received by the victim to the victim

Nevertheless, the defendant deceivings the victim as above and concludes a lease contract with the victim, which is 3 million won as contract deposit from the victim, and the same year.

2. The remainder of 28.27 million won has been paid.

Summary of Evidence

1. Trial records of the third time;