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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant, when leasing No. 242-dong 1101, Eunpyeong-gu Seoul Building 242-dong 1101, the Defendant, one of his own possession, intended to acquire the lease deposit by means of making the victim enter into a lease contract, by making it false as he created senior collateral security only for the amount of KRW 384 million, but also for KRW 250 million.
On April 24, 2010, at the G Licensed Real Estate Agent Office located in Eunpyeong-gu Seoul Metropolitan Government, the Defendant made a false statement to the effect that “The Defendant obtained a loan of KRW 384 million as collateral for the above apartment house, with the lease deposit of KRW 220 million, and paid KRW 134 million in full, and only the remainder of KRW 250 million should be set up as collateral, and it should not be said that the move-in report after the establishment of the above right to collateral security.”
Accordingly, 30 million won as contract deposit for the same day from the victim, and the same year.
5.7.Severe, 50 million won as part payments, and the same year;
6. A person has been transferred 140 million won under the pretext of any balance on 25.
However, in order to pay the remainder of the above apartment, the above loans of KRW 384,00,000 were additionally borrowed, and even if the lease deposit was received from the victim, the Defendant was planned to use it first as operating funds, living expenses, etc. because the funds of the construction company operated by the Defendant are not good, and the same year.
6. around 10.10. Around 10.0, there was no intention or ability to repay the loan or to refund the deposit, even if the said apartment is paid by the victim, such as setting up the right to collateral security with the maximum debt amount of 460.8 million won.
As such, the Defendant was granted KRW 220 million in total as the deposit for lease by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and H;
1. Each prosecutor's protocol of examination of the accused;
1. E prosecutorial statement;
1. The lease contract for apartments and all of the registered matters thereof;