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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
Around June 8, 2007, the Defendant entered into a contract on the lease deposit amounting to KRW 130 million with the victim J(Y, 43 years of age) of the Yongsan-gu Seoul Special Metropolitan City, where the Defendant purchased KRW 300 million from G’s mother H and delegated the lease right by purchasing KRW 315 million from G H (hereinafter “instant house”). The victim entered into a contract on the lease deposit amounting to KRW 130 million with the victim J(Y, 43 years of age). The victim shall file a move-in report on July 16, 2007.
8. 30. A certified fixed date has preferential rights to payment.
On August 2008, the Defendant stated that “Around August 2008, the Defendant would sell the instant house to a bank with the instant house as collateral and return the rental deposit amounting to KRW 130 million by selling the instant house after cancelling the existing right to collateral security and right to lease on a deposit basis. However, the Defendant concluded that “A lessee would return the rental deposit by selling the instant house after obtaining a loan from a bank if he/she had transferred the address to another place because he/she did not become a tenant.
However, even though the sum of the collateral obligations of existing collateral security and right to lease on a deposit basis, which had been prior to the victim's claim for the repayment of the deposit, is equivalent to KRW 200 million, the defendant was planned to obtain a loan of KRW 300 million prior to the victim's death, and due to the real estate economic depression following the global financial crisis, there was little possibility that the house of this case will be sold at KRW 450 million, which the defendant wants. The defendant was thought to promote the real estate economy while paying only interest of the loan of KRW 100 million, which has been repaid with the above KRW 300 million out of the loan of KRW 300 million, and there was no intention or ability to sell the house of this case as soon as the provisional registration of the house of this case was scheduled to be established immediately after the loan of this case.
The defendant deceivings the victim as such, and let the victim move his domicile to the second floor of K Apartment 203 on October 7, 2008.