A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is an occupant who had received support from the Korea Land and Housing Corporation (hereinafter referred to as the “LH”) for boys and girls from July 18, 2014 to July 17, 2016 and resided in 102 in the north-gu building B at the port from July 18, 2014 to July 17, 2016, and the victim C is a building owner and lessor who acquired the above B building from D on October 30, 2014.

On June 21, 2016, the Defendant received text messages from the injured party on the expiration of the term of the lease and the confirmation of the intention to renew the lease contract, and the Defendant called the victim to the effect that “The Defendant sent the victim a phone call to the effect that “The Defendant would not re-contract the deposit for the lease of the Gu.”

However, according to the boys and girls' housing support contract, the right to claim the return of the lease deposit belongs to LH, which is a lessee, so the Defendant did not have the right to receive the return of the lease deposit. The Defendant did not have a certain income at the time, and the Defendant did not have any intention or ability to return the deposit to LH because it was planned to repay the personal debt with the above lease deposit or use it as living

Nevertheless, the Defendant was transferred KRW 28,60,000,000, after deducting KRW 1,400,000 from the Defendant’s agricultural bank account (E) in the name of the Defendant, around July 4, 2016, when he/she had the right to receive the refund of the lease deposit from the victim, even though he/she knew of the above facts.

Accordingly, the defendant, by deceiving the victim, received the property from the victim and acquired the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing remittance confirmation;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Frauds No. 1 (less than KRW 100 million) (one month to one year) in the mitigated area (one year from January to one year), or a considerable portion of punishment.