A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 30, 2015, the Defendant entered into a real estate lease agreement with the victim B, the mother of the victim B, with the Defendant’s husband, on the E Apartment F, “B, lease deposit 29 million won, and 24 months during the lease period,” with the lessee B, lease deposit 29 million won, and around that time, the victim moved into the said apartment.

On May 26, 2017, the Defendant: (a) heard that the term of the lease contract still remains on the ground that the Defendant does not repair or repair the bend of the bend of the above apartment zone; (b) the Defendant would be able to make a remodeling prior to the entry of another tenant; and (c) the Defendant said that “I will return the deposit for lease deposit amount of KRW 29 million immediately when the new tenant moves into the above apartment zone before the expiration of the contract term.”

However, the defendant thought that the victim would use the lease deposit received from the new tenant for personal purposes, such as repayment of debt, even if the new tenant entered the above apartment house, and there was no intention or ability to return the lease deposit to the victim due to the absence of any specific property at the time.

Nevertheless, as seen above, the Defendant believed that the victim would be paid the lease deposit when he/she got the victim's promise in the future. On May 26, 2017, the Defendant occupied the above apartment and transferred the right to possess and manage the apartment to the Defendant, thereby acquiring the pecuniary benefits.

The prosecutor shall leave the victim due to the defendant's deception and cause the victim to terminate the right to preferential payment equivalent to KRW 29 million guaranteed by the Housing Lease Protection Act for the above apartment owned by the victim, and then the new tenant has occupied the above apartment on June 2017.