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

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

Punishment of the crime

[criminal records] On February 19, 2014, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for fraud at the Suwon Giwon, and the judgment became final and conclusive on April 16, 2015.

[2] The defendant is the actual owner of the apartment C, Osan-si, 210-dong 2104 (hereinafter "the apartment of this case").

On December 26, 2011, the Defendant concluded a lease agreement to lease the instant apartment to F Co., Ltd. (hereinafter “the instant lease agreement”) with the victim’s employee G of the victim company with the content that the instant apartment is leased KRW 140 million as the leased deposit, and KRW 2 million as the leased term of two years. The Defendant said that “The instant lease agreement was established on the instant apartment to G employees of the victim company with the right to lease on a deposit basis (hereinafter collectively referred to as “the instant right to lease on a deposit basis, etc.”) which is HAB Co., Ltd. (hereinafter collectively referred to as “the right to lease on a deposit basis”), and that “The right to lease on a deposit basis will be cancelled by February 10, 2012, and will immediately establish a right to lease on a deposit basis to the victim company.”

However, at the time, the Defendant, at the time, bears the obligation to borrow KRW 300 million from I, J, K, etc., the obligation to pay KRW 120 million to the National Bank of Korea, the obligation to pay KRW 120 million to the former lessee, and the obligation to pay KRW 77 million to H Co., Ltd., the former lessee, but there was no particular property other than the obligation to pay KRW 230 million to L. Thus, even upon entering into the instant lease agreement with the victim, the Defendant did not have any intent or ability to cancel the instant collateral security, etc.

Nevertheless, on December 26, 201, the defendant deceiving G as above and acquired 100 million won from the victim company to the deposit account in M's name from the victim company to the deposit account in M.

Summary of Evidence

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. A protocol concerning the examination of suspects of M by prosecutors;

1. Statement made by the police with respect to the N;

1. A complaint, a certificate of all matters to be registered, an apartment charter contract, a receipt, and a judgment; and