A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[Relationship with the Defendant] On October 27, 2010, the Defendant: (a) purchased land and buildings located in Seodaemun-gu, Seoul; and (b) completed registration in the name of G with the land located in Seodaemun-gu, Seoul (hereinafter “instant F Real Estate”); and (c) established a joint lease on a deposit basis (230 million won for the victim I who leased and used another real estate owned by the Defendant (H apartment 101 Dong 1402) in Busan, Suwon-gu, Busan, which is another real estate; and (d) established a joint lease on a deposit basis with the victim’s name (hereinafter “instant F Real Estate”).

【Criminal Facts】

On May 2012, the Defendant called to the effect that “The Defendant, on behalf of the victim, who had been in charge of real estate affairs related to the victim, instead of the victim I, who had been in charge of real estate affairs on behalf of the victim, for a long time abroad, at the early place in the first place, was unable to set a lease on the instant F building due to the establishment of a right to lease on a deposit basis in the name of the I. The Defendant would return the right to lease on a deposit basis again after setting the lease on a Myeon-dong building.”

However, at the time, the Defendant had the intention to obtain a loan as collateral for the instant F real estate because it was urgently required to pay money. In order to obtain a loan more than the loan, the Defendant intended to cancel the right to lease on a deposit basis established in the name of the victim in the instant F real estate. Even if the right to lease on a deposit basis established in the instant F real estate in the name of the victim was cancelled, the Defendant did not have the intention or ability to have the right

Around May 8, 2012, the Defendant, by deceiving J as above, received relevant documents to cancel the registration of lease on a deposit basis under the name of the victim, which was established in the instant F real estate from J on May 8, 2012, and obtained pecuniary benefits equivalent to the said amount by cancelling the registration of the establishment of lease on a deposit basis under the name of the victim on May 9, 2012.

(i) the evidence;