A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

The defendant is the owner of the building B at the time of a show.

On January 17, 2017, the Defendant, at the office of a licensed real estate agent in macro-si, D, “D” in the above building No. 12, indicated the “written confirmation of the details of the first lease” as stated in KRW 138 million (excluding KRW 70,000,000,000) with the victim F who wants to enter into a lease contract with respect to the above building No. 12 households, and the Defendant made a false statement to the effect that “The mortgage equivalent to KRW 600,000,000 established in the building is equal compared to the market price of the building, and the aggregate of the deposits of the current tenants is not only KRW 138,00,000,000, and thus, there is no problem in returning the lease deposit later.”

However, in fact, the actual lease deposit established on the building at the time of the above time was total of KRW 313 million (243 billion if the security deposit for the lease of the Gho Lake is excluded, and the Defendant's debt was KRW 900 million, and most monthly revenue was used in paying interest on the existing debt. The aggregate amount of KRW 600 million and the security deposit for the right to collateral security established on the building was already higher than the market price at the time, and it was difficult to seek new tenants due to the economic aggravation, and the existing lease deposit was not properly returned. Therefore, even after receiving the lease deposit from the victim, there was no intention or ability to return it normally to the victim after the expiration of the lease term.

As above, the Defendant, by deceiving the victim as above, entered into a lease contract with the term “60 million won of deposit for the lease on a deposit basis, the contract period of 24 months” for the above building E, and around January 17, 2017, KRW 6 million as the contract deposit, and KRW 14 million as the intermediate payment around the 20th day of the same month, and KRW 40 million as the remainder on the 21st day of the same month, and KRW 60 million as the remainder on the 21st day of the same month, shall be the Agricultural Cooperative Account under the name of the Defendant.