Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is the owner of, on September 10, 2019, the former Yong-Gun apartment B apartment house C (hereinafter “instant apartment house”) and the victim D entered into a lease agreement with the former owner on May 25, 2018 and reside in the said apartment house from around that time.

The Defendant, around September 17, 2019, entered into a lease agreement with the victim on the apartment of this case in front of the Young-gu Eup office located in Young-gu, Jeonnam-gun, and agreed between KRW 180,000,000 and May 24, 2020 when entering into the lease agreement with the victim on the apartment of this case. The victim obtained a fixed date on September 17, 2019 in the apartment lease agreement (lease lease agreement).

On September 17, 2019, the Defendant made a false statement to the effect that “The Defendant does not intend to obtain a loan from the victim, because he/she would change the temporary address due to tax issues of the previous owner,” in front of the Yeongdeungpo-gu Eup office located in Young-gu, Yongnam-gun.”

However, in fact, the Defendant was planning to transfer the victim’s resident registration to a temporary different place as the purchase price was insufficient while purchasing the apartment of this case, and to receive the loan by offering the apartment of this case as security.

Nevertheless, the defendant conceals it, deceiving the victim, and let the victim in his jurisdiction do so on September 17, 2019.

E. On September 19, 2019, the Defendant transferred his/her resident registration to F, and the Defendant borrowed 110 million won from G Union on September 19, 2019, and caused the instant apartment to lose his/her opposing power as a senior right to the claim to return the lease deposit, by completing the registration of creation of a neighboring mortgage of KRW 132 million with the maximum debt amount.

Accordingly, the defendant, by deceiving the victim, acquired the pecuniary benefits equivalent to the above lease deposit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Contract on the lease of real estate apartment, or apartment lease contract;

1. A certified copy of the register;