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

Punishment of the crime

The phrase of the facts charged was appropriately revised to the extent that does not hinder the defendant's exercise of his right to defense, and there is no certain income from the defendant, and there is a need to set up a mortgage of 560,000,000 won for 110,000,000 won for C apartment 110,000,000 won (hereinafter "the apartment of this case") and receive a loan of 437,000,000 won from the Hansan Saemaul Community Credit Cooperative, and pay 2,00,000 won or more per month as interest on the loan. Thus, even if the defendant receives the apartment deposit of this case from the victim E, the defendant did not have any intent or ability to refund the entire amount of the deposit for lease on a deposit basis after paying part of the bond and paying interest at time.

Nevertheless, around May 8, 2010, the Defendant paid KRW 135 million to the victim at the D Authorized Broker Office located in the apartment commercial building of this case, after repaying the loan to the victim, there is no problem in the return of the deposit for lease on a deposit basis by registering the reduction.

Around June 10, 2010, the date of the payment of the remaining gold, the victim cannot repay the amount of KRW 100 million at present.

In the end, “a reimbursement of KRW 50 million on June 11, 2010” shall be made in addition to KRW 100 million by December 31, 2010.

“Preparation of a performance certificate to the effect that the content was written.”

The defendant deceivings the victim as above and is therefore subject to the security deposit from the damaged person, the amount of KRW 13.5 million on May 8, 2010, and the same year.

6. 10.10.1221.50 million won and the sum of KRW 135.0 million were delivered and acquired by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Details of loan repayment, application of the lease agreement on apartment house, receipt, and implementation confirmation statutes;

1. The grounds for sentencing (the scope of recommending punishment) of Article 347(1) of the Criminal Act regarding the relevant criminal facts and Article 347(1) of the choice of punishment (the choice of imprisonment) of the Criminal Act.