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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On March 2, 201, the Defendant entered into a commercial building lease agreement with the victim D on March 2, 201 as the owner under the Seo-gu Incheon Da Apartment 201, with the period of 18 million won and 24 months as to the above 201, and received five million won as the down payment from the victim on the same day. On April 25, 2011, the Defendant entered into a new lease agreement with the victim at the F Licensed Real Estate Agent Office located in Seo-gu Incheon, Seo-gu, Incheon to reduce the lease term to 12 months. In fact, the Defendant was notified that he/she would request the auction of the above 201 if the overdue interest on the loan was not paid from the G Credit Union, a mortgagee under the above 201. Ultimately, the Defendant did not notify the victim of the above fact at the time of the new lease agreement, and did not receive any remainder of the lease deposit from the victim under the legal title of 101.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of the witness H, D, and I;

1. Each prosecutor and police interrogation protocol of the accused;

1. Each police statement made to D or I;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. On April 25, 2011, the Defendant, at the time when concluding a new lease agreement with the victim, had a decision to commence the auction as to the above 201.

Since it was entirely unaware of the possibility of commencement of auction or that there was no intention to obtain fraud from the defendant, and further, the victim is committed with the defendant after being delivered the above 201.