Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On April 14, 2008, the Defendant acquired the right to lease a commercial building, which is the ownership of the E clan in Yangju-si, Gyeonggi-do. On October 4, 201, at the G real estate office located in F in Yangju-si, Gyeonggi-do, the Defendant falsely stated that “A victim H has the right to lease the building of a commercial building, which is the ownership of the E clan in Gyeonggi-do. The deposit for the deposit for the lease of KRW 20 million,00,000,000,000,000 won, for two years until October 9, 2013.”
However, the defendant had the right to lease the above commercial building until January 31, 2013, and there was no intention or ability to lease the commercial building to the victim for two years.
As such, the Defendant, by deceiving the victim, acquired 20 million won from the victim to the account under the name of the Defendant as the deposit money for the lease of the commercial building.
Summary of Evidence
1. Partial statement of the defendant;
1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;
1. Each police statement made to I and H;
1. Application of lease contract Acts and subordinate statutes;
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Election of Penalties;
1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of a sentence shall be suspended only once, considering the fact that the amount of damage is not the maximum amount, and the amount of damage cannot be said to be the maximum amount, the victim thereafter has operated the business at the lease place of this case for a considerable period of time, the health of the defendant is very poor, etc.);