A defendant shall be punished by imprisonment for one year.

However, 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

The Defendant is the owner of B apartment C (hereinafter “instant real estate”) in Si interest-si, and the victim D is the person having a right to lease the instant real estate.

On March 27, 2019, at the F Licensed Real Estate Agent Office located E, the Defendant concluded a lease agreement between the victim and the instant real estate in which the deposit for the lease was KRW 125 million, and the lease period was from April 20, 2019 to April 19, 2021, the Defendant made a false statement that he would cancel the right to collateral security with the G Bank created on the instant real estate as the mortgagee by paying the debt to the G Bank immediately after receiving KRW 125 million from April 20, 201.

However, the Defendant did not have any intent or ability to cancel the right to collateral security established on the instant real estate even if the Defendant received the deposit from the victim, such as that the Defendant was planning to use the deposit for repayment of other obligations of the Defendant, and there was no property to cancel the collateral security established on the instant real estate.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 125 million in total, including KRW 1 million around March 25, 2019, KRW 9 million around March 27, 2019, and KRW 115 million around April 5, 2019, and KRW 125 million from the victim’s account under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An apartment charter contract, a detailed statement of entrance and exit transaction, a receipt, a certificate of deposit transaction record, a credit information inquiry, a credit information request for investigation, and a full certificate of registered matters;

1. Application of Acts and subordinate statutes to investigation reports (verification of Payment of Obligations of Suspects);

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

1. Article 62 (1) of the Criminal Act;

1. The following circumstances and the defendant's age, environment, motive, means and result of the crime under Article 62-2 of the Social Service Order Criminal Act;