A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

Since from May 29, 2009, the Defendant is apparent that the “201” written indictment No. 205, which was written in the indictment No. 205 for the operation of the Gyeyang-gu C apartment owned by the victim B is a clerical error, the Defendant is corrected ex officio. Since the “five million won” written indictment as stated in the indictment for the lease deposit No. 35 million won is apparent that it is a clerical error, the Defendant is corrected ex officio.

On January 11, 2013, while the rent was set at KRW 100,000,000 in monthly, the claim for the return of the lease deposit was loaned 23 million won from the Duna Capital, as a security, and at the time the victim accepted the pledge of the Duna Capital.

On May 1, 2014, the Defendant made a false statement to the effect that, on the same apartment on May 1, 2014, the Defendant was "a refund of the deposit for lease because there is no problem that the existing loan was replaced by another capital."

However, the facts were that the defendant did not have repaid the above non-Korean Capital, and that he was planning to repay the obligation to others with the lease deposit to be returned from the victim.

As such, the Defendant, at the seat of the victim, received KRW 35 million from the victim as the deposit money for lease on a deposit basis, and acquired the amount equivalent to the principal and interest of the loan until the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (a counter investigation into the representative of D real estate);

1. Application for a loan against security of deposit on a deposit basis, written consent to the establishment of a pledge, receipt, and application of statutes governing subrogation;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] General Fraud (less than KRW 100,000) and basic area (6-1.6 months) / [the decision of sentencing] the amount of subrogated by the victim to the Jeju-Japan Capital, and KRW 23,350,000 among them is the defendant.