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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

When operating the D convenience store in Seongdong-gu Seoul Metropolitan Government, the Defendant leased the above convenience store building from the victim E (75 years) in KRW 40,000,000, and on May 13, 2013, the Defendant did not have the right to return the lease deposit from the victim by transferring the above lease deposit repayment claim to F on May 13, 2013.

Nevertheless, on May 3, 2016, the Defendant was asked for the return of the deposit to the victim by hiding the fact that the person who suffered from the elderly was notified of the transfer of the right to claim the return of the deposit for lease at the above convenience store, and as if the Defendant had a legitimate right to receive the deposit, by using the right to be forgotten.

As such, the Defendant, by deceiving the victim on May 3, 2015, received 40,000,000 won from the company bank account (G) in the name of the Defendant for the return of deposit for lease on May 3, 2015, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. Each investigation report (to have a witness F telephone conversations, and hearing of statements from a witness F telephone);

1. Application of Acts and subordinate statutes governing a real estate lease agreement, notification of the transfer of claims, agreement on the transfer of claims, the station in his/her financial transaction, text message, and the details of each account separate;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts of crime (the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of recommendation] and the reason for sentencing under Article 62-2 of the same Act, and Article 59 of the Act on the Monitoring, etc. of Protection, etc. [the scope of recommendation] does not exist in the basic area (from June to one year and six months) [the person who is subject to special sentencing] [the decision of sentence

It was impossible to agree with the victim, and it was not proper to recover from the change.

However, the defendant recognized his mistake and is in profoundly against himself.

Some of the damages have been repaid, and the damage has been constantly incurred in the future.