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

Punishment of the crime

The defendant is the lessor of the old D building in the Changwon-gu Seoul Special Metropolitan City, and the victim E is the lessee of the D building 302.

The Defendant concluded a lease agreement with the victim on 302 regarding the D Building 302 and agreed to receive the deposit by explaining as if the amount of the deposit is less than the actual amount to the victim among the current status of the lease agreement with the D Building, in order to use it for the return of the deposit by other lessees of the D Building.

On August 24, 2012, the Defendant knew that, in addition to the agricultural loans of KRW 420 million (the principal of the obligation: KRW 350 million) from the time of constructing a new D building on or around August 24, 2012, the total amount of the obligation to return deposit received from the revenue based on around February 2016, the market price of the D building was equivalent to KRW 545 million, and even if the price of the D building is equivalent to KRW 90 million, it is difficult for the victim to secure the security deposit in light of the amount of the obligation to be guaranteed in senior priority.

Nevertheless, on February 29, 2016, the Defendant explained to the victim by signing and delivering a letter of confirmation on the current status of deposit money for residents of senior buildings D, stating that “The current status of the remainder of the D building except for the 302 units of D building is KRW 320,000,000,000,000” to the “G official brokerage office located in the Guro-gu, Changwon-si, Seoul.” However, in fact, the actual deposit money for the lease of D building was KRW 545,00,000 in total.

As above, the Defendant: (a) concluded a lease agreement between the victim by deceiving the victim and trusting the victim with respect to subparagraph 302 of the D building on the same day; (b) the term of the contract from April 1, 2016 to March 31, 2018; (c) “Confirmation of the status of the person with a prior fixed date: 9 households and the total amount of the deposit money of the tenants: 320 million won;” and (d) around that time, the amount of KRW 70 million as the deposit money from the victim.