A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The defendant is the owner of Busan Seo-gu C operation 401, and the victim D was the tenant of the above real estate with the defendant.

On April 10, 2012, when the Defendant entered into a lease agreement with the victim on a deposit basis with the said real estate, the Defendant agreed to pay 10 million won monthly rent of KRW 9 million and the lease period from April 22, 2012 to April 21, 2014, and the Defendant agreed to cancel the registration of the establishment of the right to collateral security upon the repayment of KRW 60 million immediately out of the loan amount of KRW 89 million established on a deposit basis in the order of priority in the said real estate. At any time, the Defendant agreed to pay all the remaining loans of KRW 10 million to KRW 10 million and to cancel the registration of the establishment of the right to collateral security at any time.

However, the Defendant, at the time, engaged in the construction of sub-loand loan to private E and Y F at the same time, had to prevent the repayment of the pre-existing rent deposit or the sale price of the loan in the construction site by paying the construction cost for other construction sites. Unlike the fact that there was no property or surplus funds under the Defendant’s name and there was no choice but to use the money received from the damaged person as the expense for other construction sites. Therefore, even if the Defendant received money from the damaged person as the deposit for the pre-paid loan, the Defendant did not have any intent or ability to repay the above real estate loan or cancel the right to collateral security.

Nevertheless, the Defendant deceiving the victim as above and delivered KRW 90 million as the deposit money from the victim on April 10, 2012, and acquired a total of KRW 100 million as the additional deposit money around March 3, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a real estate lease contract, loan certificate, information on taxation of goods, and certified copy of a registry;

1. Reasons for sentencing (the range of recommending punishment) under Article 347(1) of the Criminal Act (the fraud, the choice of imprisonment) regarding the criminal facts in question. In general, the reason for sentencing is [the scope of recommending punishment].