A defendant shall be punished by imprisonment for six months.

except that 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

On December 29, 2010, the Defendant was sentenced to six months of imprisonment with prison labor at the Ulsan District Court for fraud, etc. and the judgment became final and conclusive on January 6, 201. On November 22, 2011, the above court sentenced two years of suspension of execution to eight months of imprisonment with prison labor for fraud, etc. and became final and conclusive on April 7, 2012.

On March 30, 2008, the Defendant promised to conclude a contract to establish a right to lease on a deposit basis with the victim E in relation to the Dong-gu D building B, Ulsan-gu, U.S. (A.) under the Defendant’s name on March 30, 2008, to repay the secured debt of the right to lease on a deposit basis of the victim’s deposit and to terminate the right to lease on a deposit basis.

However, on April 14, 2008, the remaining date of the balance, the Defendant stated that “All the tenants who move to another real estate owned by the Defendant” to the victim at the G Real Estate Office in Ulsan-gu G Real Estate Office F located in Ulsan-gu, Ulsan-gu, that “The Defendant would terminate the right to collateral security provided for in Section B201 of the said D Building B with the deposit received from a new tenant because there is a new tenant who would return any balance of the deposit from the deposit to the said tenant, and who would enter the said real estate. In addition, the Defendant would have deferred the repayment date of the obligation to collateral security.”

However, there is no previous tenant who would enter the real estate owned by the Defendant around April 2008, and there is a need to prepare the construction cost of the building attached to Ulsandong-gu H, Ulsandong-gu, and there is no intention or ability to terminate the right to collateral security set forth in subparagraph 201 of the above D building B until April 30, 208.

As a result, the defendant deceivings the victim and received 45 million won as the balance of the deposit for lease from the place of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of E;

1. A real estate lease contract and a letter;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. To treat concurrent crimes;