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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On December 3, 2013, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on June 20, 2014.
On July 14, 2009, the Defendant leased D 104 Dong 502, a rental apartment located in Bupyeong-gu Incheon Metropolitan City, on condition that the lease deposit amount of KRW 24,732,00,00 shall be renewed every two years, barring special circumstances, and on September 2, 2010, the Defendant entered into a contract to transfer the right to claim the return of KRW 24,732,00,00 of the above lease deposit to the said deposit bank in the event that the loan is unable to be repaid while lending KRW 12,00,00 from the former deposit bank.
On March 13, 2014, the Defendant entered into a contract to sublease the above 502 subparagraph 35 million won to the victim I through H at G cafeteria operated by F, the Defendant’s wife in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.
However, the defendant's liabilities amount to 30 million won, and the defendant was unable to repay the loans to the above Jeonju Savings Bank from January 201 to the above 502, and even if he received the sub-lease deposit from the victim, the above 502 victim was able to use the sub-lease deposit for the agreed period, or there was no intention or ability to return the sub-lease deposit to the victim at the time of the termination of the above lease.
Nevertheless, the Defendant received from the injured party a total of KRW 35 million, including KRW 10 million around March 13, 2014, KRW 3 million around April 5, 2014, and KRW 22 million around April 13, 2014.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement of the defendant in the second public trial records;
1. A protocol concerning the interrogation of each police suspect against the defendant, F, or H;
1. Partial statement made to I in the police statement protocol;
1. A real estate lease agreement, a security agreement, a letter of reference to the details of transactions, a letter of confirmation of a loan, a letter of cash payment, a standard lease agreement, and a letter of commitment;