A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On March 2, 2012, the Defendant entered into a new lease contract on the condition that the monthly rent deposit amount of KRW 10 million already received shall be converted into the deposit money and the remainder of the deposit amount of KRW 92 million shall be paid in addition to the deposit amount of KRW 10 million between the Defendant and the victim D, who had resided in the monthly rent in the above building owned by the Defendant at the time.

The Defendant made a false statement to the effect that “the money received as a security deposit will be used to repay the loan amount of KRW 123 million to the Seoul Agricultural Cooperative, the senior mortgagee, within 30 days, and the same content was specified as a special agreement among the lease contract.”

However, in fact, when the Defendant failed to return the lease deposit amount of KRW 126 million to all the lessees of the above building, and the registration of the housing lease was completed, the Defendant was unable to obtain a loan of KRW 123 million from the Nam Seoul Agricultural Cooperative around March 24, 2011 and was willing to spend the loan deposit for the purpose of securities investment, the Defendant’s residential lease deposit payment, and the payment of the credit card payment, etc. even if the Defendant received the deposit from the victim, and thus, the Defendant did not have any intent or ability to properly repay the above loan obligations to the Southern Agricultural Cooperative.

On March 6, 2012, the Defendant received 92 million won from the victim to the bank account (Account Number: E) in the name of the Defendant in the bank account in the name of the Defendant, and acquired it by money.

Summary of Evidence

1. Legal statement of witness D;

1. Entry of the accused in D's protocol of interrogation of the accused by the prosecution (second time);

1. Statement made to D by the police;

1. Monthly rent lease contract;

1. A criminal investigation report (report on the results of account tracking);

1. Investigation report (to hear the F phone statement of a witness);

1. Rent lease contract;

1. Determination as to the defendant and defense counsel's assertion about the progress of auction on the building of this case

1. The defendant and the victim of the allegation;