A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is the owner of the building of the commercial building C4th floor in Bupyeong-gu, Seocheon-gu.

On January 12, 2012, the Defendant: (a) leased the above building 1 and 2 from the Defendant to “D bath”; (b) concluded that “The Defendant leased the rooftop room on the fourth floor of the above building to KRW 30 million after three months; and (c) made a false statement to the victim E, who operates the said building, to deposit KRW 10 million with the down payment.”

However, in fact, in the above-house room, since the existing tenant, F, who had been implicitly extended the lease contract for more than 10 years, had no intention or ability to lease the above-house room to the victim as agreed even if he received the down payment from the victim.

Nevertheless, as above, the Defendant deceivings the victim, and acquired 5 million won in total from the victim under the same name as the contract deposit on the rooftop bank, and around February 13, 2014, 5 million won in total from the victim.

Summary of Evidence

1. Partial statement of the suspect examination protocol of the defendant by the prosecution;

1. Preparation and report of each stenography;

1. Statement to E by the police;

1. Investigation report (to hear F statements made by residents living in the rooftop);

1. Application of a loan certificate, a copy of passbook, a copy of each real estate lease contract, a certified copy of a register, or a copy of a postal bag;

1. The reason for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment for the crime [the scope of recommending punishment] There is no basic area (6 to 100 million won) (6 to 1 year and 6 months) [the decision of sentencing] [the decision of sentencing] the damage from the crime of this case has not been repaid due to the crime of this case. Other conditions of sentencing including the defendant's age, character and conduct, family relation, criminal records, the background of this case and the progress of this case shall be determined by comprehensively taking into account the following factors of sentencing.