A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal record] On October 22, 2015, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Daejeon District Court, and the judgment became final and conclusive on January 28, 2016.

[Criminal facts] 2015 Highest 3531

1. Fraud against victim D;

A. On June 10, 2010, the Defendant sold to F a multi-household house called Daejeon-gu E, Daejeon-gu, and leased and managed the said multi-household house from F on the same day. On the same day, the Defendant, as if he was the owner of the said multi-household house, was able to pay rent to tenants and receive rent deposits.

On April 24, 2012, the Defendant: (a) entered into a lease agreement with the victim D on the said “E” as if the Defendant himself/herself was the owner of the said multi-household house; (b) held the Defendant as the owner of the said multi-household house; and (c) held the Defendant as the owner of the said multi-household house, the Defendant would lease the E “E” No. 203 at all times.

On December 30, 2013, with regard to the above 203, a real estate lease agreement was concluded between the victim and the lessor A, lessee D, and period.

However, the defendant did not have the right to enter into a lease agreement with the E 203, and even if he received the lease deposit from the injured party, he did not have any intention or ability to return it at the expiration of the period.

As such, the Defendant, by deceiving the victim, received 18 million won from the victim to the one bank account under the name of the first bank as the deposit money on the same day.

B. On January 22, 2013, the Defendant: (a) called the victim at an insular district with Daejeon or lower rank on January 22, 2013, and received the deposit too much from the victim.

The term “to return KRW 21 million upon the expiration of the term” stated to the effect that the deposit will be increased by KRW 3 million.

However, the defendant did not have the right to enter into a lease contract for the above 203, and even if he received the deposit from the injured party, he did not have the intention or ability to return it at the expiration of the term.