The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On July 6, 2016, the Defendant entered into a contract with the victim F to lease the Yongsan-gu Seoul Metropolitan Government G 201 (hereinafter “instant real estate”) (hereinafter “instant real estate”) to the victim F at the E Authorized Brokerage Office located in Yongsan-gu Seoul, Yongsan-gu, Seoul, for the lease of KRW 1.35 million (hereinafter “the instant real estate”). On the other hand, the Defendant delayed the return of the deposit to H, the lessee of the instant real estate, thereby concealing the fact that the legal procedure is in progress, and received the deposit from the victim, the Defendant immediately returned the deposit KRW 1.15 billion to the former lessee, and made a false statement that there is no problem in the victim’s right to lease on a deposit basis.

The facts are as follows: Around January 3, 2016, H, a lessee of the instant real estate, was the director, and the term of the lease contract was terminated, and H continued to be urged to return the deposit amounting to KRW 1150,000,000,000, and H was notified that H would proceed with the legal procedure around March 2016, and the procedure for preserving compulsory execution, such as the lease registration and provisional seizure, was anticipated. Ultimately, H was ordered to register the right of lease of the instant real estate on or around July 11, 2016 upon receipt of the lease registration order for the instant real estate on or around May 3, 2016, and the Defendant was paid the deposit money from the victim, but the Defendant did not have any intention or ability to guarantee the victim’s right of lease on a preferential basis, such as living expenses and project expenses, and did not have been able to consume the deposit for the original purpose.

As such, the Defendant, by deceiving the victim, received on July 6, 2016, KRW 1350 million from the victim, under the name of deposit money for the lease of the instant real estate, from one bank account (I) in the name of the Defendant, and received on July 27, 2016, KRW 1.35 billion in total from the victim to the same account.

2. Determination

A. According to the evidence duly admitted by this court, the following facts are revealed.