A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 2012, 2012, the Defendant concluded that “A victim C, the lessee of Yongsan-gu Seoul Special Metropolitan City No. 101 from 101 to 101, as of November 7, 2012, planned to enter the new lessee, changed the house. The Defendant would pay the remainder of the deposit from the new lessee.”

However, the defendant did not have an intention or ability to pay the deposit to the victim even if the victim has left the above leased house and has lost the right to preferential payment guaranteed by the Housing Lease Protection Act.

Nevertheless, on November 7, 2012, the Defendant left the above house from the victim's right to preferential reimbursement amounting to KRW 95 million under the Housing Lease Protection Act for the above house owned by the victim, and had the victim extinguish the right to preferential reimbursement amounting to KRW 95 million, and did not refund the lease deposit.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on a real estate lease contract;

1. The grounds for sentencing under Article 347(1) of the Criminal Act of the pertinent Article on criminal facts [the scope of sentencing guidelines] fall under “one year of imprisonment or less”, which is the mitigation area (in the case of intentional deception or the case of weak degree of deception), of the reduction area (type 1) of fraud crime group, general fraud or below KRW 100 million (type 1).

[Determination of Sentence] The amount of this case acquired by deceit has reached KRW 95 million, and even considering the fact that the defendant deposited KRW 20 million for the victim, considerable damage is still not recovered. The crime of this case is likely to lose the right to preferential payment of KRW 95 million for the victim, and it seems that it is very difficult for the victim to recover the deposit in light of the current property status of the defendant.