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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The defendant was the actual owner of the C building in Gyeonggi-do.

1. Around December 10, 2010, the Defendant entered into a lease agreement with the victim D and the above commercial building No. 102 at the F Real Estate Office E, E, in terms of a contract term of two years, lease deposit amount of two million won, and monthly rent of eight million won.

However, on April 10, 2006, the Defendant was given a loan of 3.1 billion won from a community credit cooperative as a collateral to secure the construction cost of the said commercial building and created a right to collateral of 4 billion won. From the 18 million won per month to the 20 million maximum debt amount, the above borrower had to repay the above interest interest, but there was no particular income other than the monthly income of the above building. As such, from the time of December 8, 2006, interest payment began to be delayed. Since the majority of lessees did not pay monthly income from January 24, 2010 at the time of entering into the said lease contract with the victim, it was difficult for the community credit cooperative to know at any time whether C’s ownership was exceeded the other person, and thus, even if the lease deposit was received from the victim, there was no intention or ability to reduce the contract period by leasing the commercial building normally.

Nevertheless, the Defendant, without speaking about the above facts, belongs to the victim by taking the attitude that he did not know about about the rent and use of the commercial building, and was given KRW 20 million from the victim as the deposit money for lease.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

2. On September 27, 2011, the defrauded of the Victim G is the sum of 24 months of the contract term, 40 million won of the deposit, and 1.8 million won of the monthly rent, with respect to the Victim G and the said commercial building (302, 303, and 304) at the said commercial office office.