A defendant shall be punished by imprisonment with prison labor for not more than ten 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 April 6, 2017, the Defendant made a false statement to the victim D, stating that “The Defendant shall lease the deposit amount of KRW 55 million for 2 years, in order to pay the deposit, and return the deposit upon the expiration of the lease term. Although a provisional attachment is established on the building, the provisional attachment may be cancelled as the deposit which the lessee is paid to the Party because the existing tenant's deposit is KRW 30,000,000,000,000,000 is paid to the Party.” In addition to the lease contract, the Defendant promised to “the obligation to return the deposit amount of KRW 55,00,000,000,000,000,000,000,0000 is paid to the Party.”

However, the above provisional seizure was not capable of cancelling all of the above provisional seizure due to the circumstance that the defendant's debt amount borrowed from a bank, a lending company, etc. reaches KRW 150 million, while there was no particular property and no profit was due to the failure to pay the principal and interest of the loan properly. The above E-building F did not have the value of securing the full deposit amount of the victim due to the establishment of the right to collateral security or provisional seizure on the defendant's loan. As such, the defendant bears excessive debt and there was no intention or ability to return the deposit money to the victim upon the termination of the lease contract

The Defendant, as above, by deceiving the victim, received KRW 5 million from the victim for the same day as the down payment, and around May 1, 2017, a total of KRW 55 million, including KRW 50 million, as the remainder payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the accused by the prosecution (including DNA statements);

1. Statement of D police statement;

1. A complaint;

1. A real estate lease contract and a certificate of deposit for the lease on deposit basis;

1. A certified copy of the register;

1. Details of credit information;

1. Application of investigative reports (verification of suspect financial transaction information)-related Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.