A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From August 14, 2013, the Defendant owned land B and three-story housing (hereinafter referred to as “C”) on the land and three-story housing (hereinafter referred to as “C”).

On July 31, 2014, the Defendant asked the Defendant to “E” (hereinafter “E”) to enter into a lease agreement referred to as “F of the building C at the office of Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, with the victim G, and the broker H, to enter into the entire lease agreement of the building C, the Defendant stated the Defendant as “N.” with regard to the entire lease agreement of the building C at the principal household deposit of KRW 50 million, KRW 300,000 per month, KRW 500,000 per month, KRW 115,000,000 per month, KRW 9,80,000 per month, KRW 3,000 per month, KRW 3,000 per month, and KRW 540,000 per month, KRW 3,000 per month.” Recognizing this as a truth, H entered

However, the facts are as follows: (a) there was no household which entered into a monthly contract with C at the time, and rather is obligated to return the deposit with a fixed date prior to the victim's priority over the victim; (b) the deposit amount of KRW 277 million is equivalent to KRW 47 million (I No. 40 million, J-ho 45 million, KRW 42 million, KRW Lho 42 million, KRW 30 million, KRW 30 million, KRW Nho 80 million, KRW 550 million, and KRW 312 million with the maximum debt amount at the time of maturity; and (c) C had no intention or ability to return the deposit at the time of maturity, even if the right to collateral security was established and the lease was concluded with the victim.

On July 30, 2014, the Defendant, by deceiving the victim as above, obtained KRW 500,000 from the victim as a provisional contract deposit, KRW 4.5 million as a deposit for the lease on August 2, 2014, and KRW 40 million as a deposit for the lease on August 8, 2014, and acquired 45 million as the deposit for the lease on a deposit basis under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, P and H;

1. Application of Acts and subordinate statutes concerning the lease contract, the explanation for verifying objects of brokerage, the register, the date of confirmation of the investigation report (C tenants and wire currency), one copy of the application, and the details of entry and departure transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution;