A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The Defendant was the operator of the DNA Mart in Chungcheongnam-si, Chungcheongnam-si.

Around May 21, 2010, the Defendant entered into a lease agreement with the victim E and the above D E on May 21, 201 with respect to the refined cocoin in the aforementioned D E E-art, with a contractual term of KRW 150 million from May 21, 201 to May 20, 201; and a deposit of KRW 150 million from May 24, 201 to the remainder of KRW 97 million, and paid the remainder of KRW 50 million from October 28, 2010 to the remainder of KRW 50 million each month.

However, at the time of the above lease agreement, the Defendant did not have prepared a marina facility by investing his own funds or purchased the marina goods, acquired the marina in operation from F. The Defendant did not have any intent or ability to return the deposit when the contract was terminated.

The Defendant received 100 million won in total from the victim as a deposit for lease on May 21, 2010, and 50 million won around May 24, 2010.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (part of the statement);

1. The prosecutor's statement concerning G;

1. The police suspect interrogation protocol of H;

1. Statement to E by the police;

1. A real estate lease contract and a written judgment;

1. Application of Acts and subordinate statutes on investigation reports, investigation reports (to hear statements from the counter party of reference witnesses), investigation reports (to attach reference materials), and details of financial transactions;

1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act concerning the crime of this case concerning the punishment of the defendant, the confession of the crime of this case, the fact that there is no previous conviction who was punished for the same kind of crime or sentenced to a suspended sentence or heavier punishment, and the victim has taken over DNA from the defendant, and the return of deposit for lease with the Korean Commercial Code.