A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal records] The Defendant was sentenced to imprisonment with prison labor and one year and six months at the Seoul Eastern District Court on December 21, 2016, and appealed on December 23, 2016 and is currently in progress at the appeal court.

[2] On October 9, 2013, the Defendant is the owner of Seongdong-gu Seoul Metropolitan building 401, and entered into a lease contract with the victim G, the lessee, at the “F Authorized Brokerage Office located in Seongdong-gu Seoul Metropolitan Government, on October 9, 2013, with respect to the above apartment building 401, and upon receiving a request from the damaged party to “the cancellation of provisional registration as set forth in March 13, 2013, which was set up in the apartment house 401 by the due date of the remainder payment,” the Defendant would be liable for provisional registration set forth in 401 with the money if he/she first pays 95 million won to the injured party.

“The phrase “ was false.”

However, in fact, at the time of October 2013, the Defendant did not have any obligation to repay the leased deposit amounting to KRW 1.4 billion in total and KRW 2.4 billion in total, and KRW 500 million in personal debt to H with the repayment of the leased deposit to the lessee of the above D 25 generation, and there was no ability to prepare additional funds. Since the Defendant was able to receive the lease deposit from the damaged party and used it for the payment of interest on the loan or the operation expenses of private leasing business, even if he received the lease deposit from the injured party, there was no intent or ability to cancel the provisional registration of this case, and there was no intention or ability to return the deposit to the injured party later.

Nevertheless, as above, the Defendant: (a) deceiving the victim; (b) caused the victim to enter into a charter agreement on the foregoing D 401; and (c) obtained KRW 95 million from October 10, 2013 to October 31, 2013 from the victim to the national bank account in the name of the Defendant’s name from October 31, 2013, from which the victim acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A complaint (G), a charter contract, a certificate of all the registered matters, a receipt, and a transaction of passbook in the name of the suspect;