A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 2015, the Defendant entered into a lease agreement with the victim F to the above hotel parking lot of KRW 200 million, monthly rent of KRW 200,000,000 between the Defendant and the Defendant’s hotel in Busan-gu, Busan-do. The Defendant would issue a bond (certificate of real estate trust interest) as security for KRW 200,000,000,000 to the victim.

Currently, hotel ownership is trusted with a loan from a new bank, etc., and it is expected that a bank will change its trading to another bank in January of the year.

When a creditor bank is changed, it will issue a certificate of beneficial interest within three days immediately.

“The purpose of “ was to make a false statement.”

However, in fact, the above hotel was registered as a trust in a new bank, etc. at the time, and in order to issue a certificate of beneficial interest in real estate trust, the consent of the financial institution is required, and the defendant cannot issue the above certificate at his own discretion. Even if the trustee is changed, the defendant was in the absence of the intention or ability to issue the above certificate immediately

Nevertheless, the Defendant, as seen above, obtained a sum of KRW 200 million as a deposit for lease between the victim and the first police officer on August 2015 and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each protocol of the police interrogation of the accused (including the part concerning the statement of the F);

1. Each police statement made to F, G, and H;

1. Complaint;

1. One copy of remittance certificate, one copy of contract and confirmation letter, one copy of real estate register, one copy of deposit statement, one copy of name of bank employees, one copy of the name of bank employees, and each investigation report [the defendant not only has the ability to return lease deposit but also has the ability to issue the beneficiary certificate of real estate trust to the victim after receiving additional 3 billion won from financial institutions.