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

Punishment of the crime

The Defendant is the actual owner of Gyeonggi-do Down-gun D, E, 302 (hereinafter “instant real estate”).

On April 12, 2014, the Defendant concluded a lease contract with the victim G on a deposit amount of KRW 60 million with respect to the real estate of this case at the F Authorized Broker Office located in Gyeonggi-si, Gyeonggi-do, and concluded a lease contract with the victim, the Defendant fraudulently stated that “When concluding a lease contract with the real estate of this case, the Defendant will cancel all the second priority right set forth in the instant real estate as the lease deposit, and pay KRW 30 million out of the first priority right of collateral security amount of KRW 60 million.”

However, even if the Defendant received 60 million won from the injured party under the name of the deposit money for the lease, it was thought that it was used for the purpose of returning the lease deposit to the existing lessee under the above D lending 302 and 402, so there was no intention or ability to use it for the cancellation, reduction, etc. of the right to collateral security established on the real estate in this case.

The Defendant: (a) by deceiving the victim as above; (b) received one million won in cash from the victim as the down payment on the same day; (c) received KRW 20 million from the account of the Defendant’s name as the intermediate payment around May 7, 2014; and (d) received KRW 60 million in total from the Defendant’s bank account under the name of the Defendant’s name of the part payments; and (c) received KRW 39 million in advance of the check on May 10, 2014 as the remainder payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of witness G and H;

1. Entry of the accused and G in the protocol of interrogation of the suspect against the accused in the prosecution;

1. A real estate lease agreement, a certificate of all the registered matters, and a written confirmation [the defendant and his/her defense counsel used the lease deposit paid by the injured party in advance for the return of the lease deposit No. 402, and if a new tenant enters the port of 402, he/she was paid the lease deposit after newly agreement with the injured party to reduce the right to collateral security (302)

One of the arguments is the time when the lease deposit is paid.