Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. Around February 14, 2014, the fraud Defendant told the victim E to the effect that “The lease deposit amounting to KRW 25 million shall be leased to the Defendant F, 103 Dong 502, and 103 Dong 502, which is owned by the Plaintiff on the face of the State, at the office of the D Licensed Real Estate Agent Office of Hanju-si, Seoul.”

However, on February 5, 2014, the Defendant was notified by G to the effect that he would not conclude an additional lease agreement with respect to the above apartment in selling the above apartment in KRW 47 million to G, and thus, even if the deposit was received from the victim, the Defendant did not have the intent or ability to rent the above apartment to the victim.

As above, the Defendant, by deceiving the victim as above, entered into a lease contract for the above apartment with the victim and received 2.5 million won as the down payment.

2. The Defendant attempted to commit fraud, around April 16, 2014, told the victim E to the effect that “the remainder of the lease deposit to be paid shall be leased on the face of the said apartment,” and the Defendant told the victim to the said purport by posting the phone on several occasions by the end of the same month.

However, the defendant did not have the intention or ability to lease the above apartment to the victim for the same reason as Paragraph 1, even if he received the remainder lease deposit from the victim.

As such, the Defendant, by deceiving the victim, intended to receive KRW 22,50,000 from the victim, the remaining lease deposit was refused by the victim, but did not bring about such intent.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to H and G;

1. Relevant Article 347(1) of the Criminal Act and Articles 352 and 347(1) of the Criminal Act (the point of fraud and the choice of fines) concerning criminal facts and the choice of punishment (the point of attempted fraud and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;