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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
On December 4, 2009, the Defendant made a false statement to the effect that “The Defendant would return the deposit of the sub-lease without a mold when the contract period for sub-lease expires,” to the victim E, at the D office located in B apartment building C, which is located in the B apartment building C, that “I will return the deposit of the sub-lease without a mold,” and “I will return the deposit of the sub-lease when the contract period for sub-lease expires.”
However, in fact, the Defendant received a loan from the G G G G G GG as collateral for the lease deposit of B apartment units that he would have received, but without notifying the victim of the fact, concluded a sub-lease contract with the victim, was thought to be used for the personal purpose, and even after the termination of the sub-lease contract, there was no intention to return the deposit to the victim.
However, the Defendant, as such, by deceiving the victim, received a total of 32 million won from December 4, 2009 to December 10, 2009 as the deposit money for sub-lease from the victim, and acquired it by deception.
Summary of Evidence
1. Application of a copy of a sub-lease contract, a notice of transfer of claim, a notice of transfer of claim, a letter of undertaking, or a certified copy of a real estate registry to the defendant for investigation report of the police statement regarding the suspect interrogation protocol E (to hear the statement by a reference witness H
1. Article 347(1) of the Criminal Act and Article 347 of the Criminal Act regarding criminal facts; Article 347(1) of the Criminal Act on the selection of a sentence; Article 347 of the Act on the Punishment of Imprisonment does not provide for a considerable amount of damage for a long time; and the Defendant’
However, the defendant shows an attitude against the defendant's wrong recognition at an investigative agency, and the fact that there was no record of punishment for the same kind of crime prior to the instant case, etc., are considered as the defendant's age, sex, environment, criminal history, motive, background, method, and circumstances after the crime.