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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 20, 2012, the Defendant: (a) reported on the part of the Victim C, posted a letter on the part of the Victim D, 101 Dong 101 and 2504, on the part of the Victim D, NAF E, “B” on December 20, 2012; and (b) made a lease agreement with the owner of the house at KRW 2504,000,000; and (c) made a settlement agreement with the owner of the house at KRW 250,000,000; and (b) made a monetary time by doing business. The Defendant made a false statement to the effect that “B shall return the deposit, as a matter of course, as soon as the contract is terminated on the part of the apartment.”
However, at the time, the Defendant was merely a lessee who entered into a lease contract with the owner G with the lease deposit of KRW 10 million, monthly rent of KRW 1.5 million, and even if he/she received the deposit for personal loans, he/she did not have the ability or intent to return the deposit even if he/she did not receive the deposit for key deposits from the victim in excess of KRW 90 million.
As above, the Defendant, by deceiving the victim as above, acquired 34.5 million won, including the total amount of KRW 26.29 million on December 26, 2012 and KRW 5.5 million on March 31, 2014 under the pretext of the increase of the deposit for the key deposit for the contract on key deposit, from the victim to the Defendant’s new cooperation account (H).
2. On May 18, 2013, the Defendant’s fraud against the victim I made a false statement to the effect that, “The victim, who was found to have published the above NAV car page “E” on May 18, 2013, posted a notice to the said NAV C, Yeongdeungpo-gu Seoul, Seoul, 101 and 304, “Korea Jeonsese Tax Year,” and that, as a result, it would be the same for the victim to enter into a single apartment house and to enter into a same marriage due to his/her business. As such, the business is well well being carried out, the Defendant would not be able to raise a deposit and return the deposit at any time when the lease contract is terminated.”
However, at the time, the defendant entered into a lease agreement with the owner L, the lease deposit amount of KRW 10 million, monthly rent of KRW 1450,000 for the above apartment.