A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. On July 19, 2013, the Defendant: (a) at the D office located in Gangnam-si C around 12:00 on July 19, 2013, the Defendant concluded that “A lease contract was defective without monthly rent for 16 million won,” with the victim E’s “F apartment 103, 803, 103, and 803, which is residing in Gangnam-si, which is an old apartment; and (b) is a disabled person who has difficulty with the high mother, and thus, he/she may enter into a lease contract upon delegation by the mother.”

However, in fact, the above apartment house was not the apartment of the defendant, and the defendant did not have been delegated with the power to rent the apartment house by the lessor, so the defendant did not have the intent or ability to rent the above apartment house to the victim even if he received the deposit from the victim.

Nevertheless, the defendant deceivings the victim as above and acquired 16 million won as a deposit for lease from the victim, that is, by the victim.

2. At around 14:00 on August 5, 2013, the Defendant made a false statement to the victim E at the victim E’s house located in Gangwon-gun G, Gangwon-do, stating that “A wife is a soldier, but the husband is a military person, and the agreement is insufficient to provide for drinking traffic accidents. If the Defendant lends KRW 5 million to him/her, it would have to pay by August 31, 2013.”

However, in fact, the defendant only thought that he borrowed money from the victim to use it as personal expenses for the repayment of the debt, and there was no intention to use it as the agreed money of the husband of the wife, and there was no intention or ability to repay the above borrowed money because there was no property to repay it at the time.

Nevertheless, the defendant deceivings the victim as above and acquired 5 million won in cash from the victim at the seat.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A real estate lease contract;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;