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

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

Punishment of the crime

On February 28, 2010, the Defendant concluded a lease agreement with the victim D with the C real estate located in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant concluded a lease agreement with the victim as to the E apartment 102 Dong 519, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant concluded a false statement to the effect that “The Defendant would cancel the security right established on the above apartment on one month, if it is the State.”

However, in fact, the sum of the secured debt of the above apartment was equivalent to KRW 59 million, and the defendant, without any particular revenue, purchased the above apartment without the purchase price under the condition that he succeeds to the existing debt and was unable to pay interest on the debt. Therefore, even if the security deposit was received from the victim, there was no intention or ability to cancel the security right established in the above apartment.

The Defendant received 20 million won from the victim as a deposit for lease on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Application of the police protocol of statement to F;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [decision of the type of punishment] Fraud, general fraud, type 1 (less than KRW 100,00] - None of the persons [the scope of recommending punishment] [the basic area] from June to one year and six months (the basic area] from June to six months (the decision of the sentence of punishment of KRW 20,000,000) were returned, and there are no circumstances where the agreement with the victim or the damage was restored, and there is no criminal conviction in the same way as the defendant was committed from the beginning. The defendant committed the crime of this case as planned from the beginning to the age of 67 years.