Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Criminal facts

On March 7, 2012, the Defendant concluded a lease agreement with the victim F with respect to the E apartment 206 dong 1101, which is the actual owner, on March 7, 2012, the Defendant falsely stated that “The Defendant would cancel the subordinated mortgage of community credit cooperatives established on the said apartment on the same day when he/she received the remainder of KRW 117 million from March 30, 2012.”

However, even if the victim receives any balance from the victim, it was expected that he will continue to obtain credit loans from community credit cooperatives and use them as living expenses, etc. while maintaining the registration of establishment of the above collateral security.

The Defendant received KRW 13 million from the victim as the down payment on the same day, and received KRW 117 million as the remainder payment on the 30th of the same month.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Each investigation report and evidential materials attached thereto;

1. Application of Acts and subordinate statutes to the petition for complaint, lease contract, and register of real estate;

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the choice of punishment, and Article 347(1) of the Criminal Act, the choice of a fine (the circumstances favorable to the defendant, such as the confession of the crime in this case and the reflectability of mistake, the fact that the defendant agreed with the victim smoothly

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.