beta
Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
From July 23, 2015 to February 2017, the Defendant leased KRW 78,500,000 of the rent deposit, and KRW 303,00 of the monthly rent, for public rental housing E apartment units 201, 1401, and managed by the Ulsan Metropolitan City Urban Corporation.
On August 21, 2015, when the Defendant received a loan from a lending bank equivalent to the amount of the deposit, the Defendant did not hold a claim for the return of the deposit deposit, even if he/she transferred the claim for the return of the deposit to the said savings bank, and notified the transfer of the claim, on August 24, 2015.
Nevertheless, on February 8, 2017, the Defendant submitted an application for termination of a lease contract to the victim, and made a false statement on February 15, 2017 to G, an employee in charge, at the first floor F Office of the Ulsan Urban Corporation, the 16th floor of Ulsan Metropolitan Government on February 15, 2017, that he/she submitted an application for the return of the lease deposit as if the Defendant still owns the claim for the lease deposit, and made inquiries as to whether he/she transferred the claim from G.
The Defendant received from the injured party the remittance of KRW 74,641,740 on February 20, 2017 and KRW 74,641,740 on February 28, 2017, in total, KRW 1,000 on February 28, 2017.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Partial statement of witness G;
1. Details of a lease contract, notice of transfer of claims, application for termination of a lease contract, application for refund of deposit for lease, and deposit and withdrawal;
1. Application of Acts and subordinate statutes to a report on investigation (the criminal suspect’s husband’s H and monetary content);
1. Relevant Article 347(1) of the Criminal Act regarding criminal facts / [Selection of imprisonment] Determination of the assertion of the defendant (defense counsel) and reasons for sentencing
1. The Defendant (Attorney) was aware of the fact of the assignment of a claim because he prepared the loan-related documents in accordance with the direction of the lending bracker.