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

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

Punishment of the crime

The Defendant, at the “C” office of the Defendant’s operation on the 1st floor B in Ansan-si, around March 25, 2013, entrusted the victim D with the president of the “E” private teaching institute newly established by leasing the 6th floor of the said 6th floor to the victim D, and the deposit is insufficient because the 30 million won of the down payment, which was paid to the F School’s 30 million won, was not yet refunded, even though the 6th floor was terminated by the 1st class F School, and the 30 million won was paid to the F School’s 30 million won. If the remainder of the deposit is not paid on an increase of 20 million won, the down payment that was paid on the 6th class 15 million won would be confiscated. The remainder of the deposit shall be paid by adding the deposit to the 5 million won in the loan, and the said 30 million won shall be refunded.

However, at the time of the operation of a private teaching institute, the Defendant was liable for approximately KRW 30 million without any particular income or property, and there was no down payment to be returned due to the lack of the fact that the lease contract was made on the said Fschool. Since the deposit for the six-story lease of the above building was merely KRW 10 million, even if the money was borrowed from the victim, there was no intention to use it for the deposit and there was no ability to repay it.

Nevertheless, the Defendant, who makes a false statement to the victim, received KRW 15 million from the victim as a security deposit in the same place. On April 8, 2013, the Defendant again received KRW 14 million from the victim as a security deposit, on the ground that it was false, stating that “Inasmuch as the security deposit for the sixth floor unit of the building is 50 million, and even if it was not yet returned the f school site deposit, it is necessary to confiscate the 6th floor down deposit, and thus, it is necessary to additionally confiscate the 15 million down payment.”

Accordingly, the defendant was given property worth 29 million won by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each transfer certificate Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.