A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On April 19, 2017, in the car page of the defendant's operation in the racing-si B, the defendant owned D apartment E in the Dong-dong, Gyeongbuk-dong, and the present market price is about 89 million won.

It is necessary to remodel an apartment with a loan on the face of the week in which the apartment is offered as a security, and then pay the loan with a deposit for the lease on a deposit basis.

The phrase “ makes a false statement.”

However, as of April 14, 2017, at the time of the above apartment, the F, who entered into a lease contract with the Defendant as of April 14, 2017, had been residing in Korea. While the Defendant used the pre-paid deposit received from F to pay personal debt, the Defendant was unable to return KRW 23 million out of the pre-paid deposit to G, which was the previous lessee of the above apartment, and the remainder was paid preferentially to G with the pre-paid deposit. Since the Defendant was planned to use the money for living expenses, etc., the Defendant did not have any intent or ability to pay the money on the date of the promise.

Nevertheless, the Defendant, as seen above, was issued to the post office account (H) in the name of the Defendant on the same day from the injured party on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of a witness I;

1. A protocol concerning the examination of the accused by the prosecution (including the C substitute part of the examination);

1. Application of the police statement protocol law to C

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Criminal Act of the choice of punishment (the fraud point), the degree of damage to the crime in this case, the damage recovery measures against the victim have not been taken, and there are joint guarantors for the debt in this case, real estate security, etc.

One of the collateral values is not sufficient, confessions and reflects, initial offenders, and the developments leading up to the occurrence of this case.