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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On December 7, 2017, the Defendant entered into a lease agreement with the victim D and lessee E as to the above building No. B at the office of the Defendant located on the first floor of the building B in Young-do, Busan, and with the lease deposit of KRW 20 million and KRW 350,000 per month.
However, on June 30, 2016, the Defendant borrowed KRW 1,850,00,000 from (ju)G on condition that the 17 households of the above B building is a collateral trust deed to F, but lost the benefit of time due to the Defendant’s failure to pay the principal and interest in a normal manner, and (ju)G transferred KRW 85,39,00 to the Defendant, a debt collector, the claim collection company on November 2, 2017, KRW 855,390,149, and the Defendant was expected to request the F to take the public auction procedure against the said 17 generations. Even if the above B building is disposed of, the price was used in the disposal of the trust affairs in full and the appropriation of the above non-paid claims, and thus, the Defendant was not able to pay the amount to the Defendant.
In addition, around December 7, 2017, the Defendant did not obtain prior consent from F (State) at the time of leasing the above B Building C, and did not have legitimate right of lease. Accordingly, the victim could not claim the return of the lease deposit to the new owner who purchased the above B Building C through F (State) or public sale procedure.
Therefore, the defendant did not have the intention or ability to return the above lease deposit to the victim normally.
Nevertheless, the Defendant, by deceiving the victim as above, received a total amount of KRW 20 million from December 7, 2017 to December 15, 2017 by cash and account transfer from the victim to receive a remittance of KRW 20 million as a security deposit by means of cash and account transfer on three occasions in total, and acquired it by defrauding it from the victims in total on 12 occasions from May 11, 2018 as shown in the attached crime list.
(i) the evidence;