A defendant shall be punished by imprisonment for three years.

Punishment of the crime

The defendant 2015 Gohap 51 is the representative of Y Co., Ltd. E, which is the business entity that maintains feed for G livestock located in Chungcheongnam-si, Chungcheongnam-si, and the victim F is the representative of H Co., Ltd., which is the business entity that maintains feed for G livestock located in Jung-si.

At the above E office around November 11, 2013, the Defendant stated, “If the Defendant paid KRW 650,000,000,000,000 to the company’s factory site and building, which is the first fourth priority right to collateral security, to be set up in the name of H, the Defendant immediately arranged the second and third priority right set up and created H Co., Ltd. as the second priority right, and the closing bank from November 11, 2013 to November 10, 2014, which is the contract term, will supply 10-15 tons per day, and will return the deposit at the time of termination of the contract.”

However, in fact, the Defendant did not have the intention or ability to terminate the second priority right of 60 million won and the third priority right of 300 million won of the secured claim, which was already established on the basis of which the Defendant had no intention or ability to create the victim as the second priority right holder. In addition, the Defendant thought to use the security deposit received from the injured party for the company's operating expenses and living expenses, and did not have any particular property to secure the security deposit. Therefore, even if the Defendant received the security deposit of 650 million won, there was no intention or ability to return it at the time of termination of the contract.

Ultimately, the Defendant, by deceiving the victim as above, received on November 11, 2013 the deposit amount of KRW 650 million from the victim to the account in the name of Co., Ltd. and acquired it by deceiving the victim.

"2015 Gohap 54"

1. On May 16, 2014, the Defendant entered into a lease agreement with the victim, Seoul Metropolitan Government, on the part of the J Office located on the first floor of the I building in Suwon-gu, Suwon-si, with respect to Korea for social services involving halogen haloged social services and K ASEAN-A6 car at least 60 months, monthly lease fees of KRW 1,231,180, monthly lease fees of KRW 1,280, and monthly lease fees of KRW 2 times or more.