A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 1, 2017, the Defendant concluded a lease agreement with the victim D with respect to F apartment G at the time when he/she becomes an owner of Aber land E at the Seocho-si Office of Licensed Real Estate Agent, which was located in B, with the intent that “if he/she concluded a lease agreement with the victim with respect to the F apartment G, he/she would not avoid any problem with the return of the deposit by reducing the deposit amount of KRW 15,000,000 out of the maximum debt amount set up in H Co., Ltd. as to the said apartment as the deposit.”

However, at the time, the Defendant had a debt equivalent to approximately KRW 250,000,00, and the father E of the Defendant had a debt equivalent to KRW 10,000,000 in addition to the collateral security obligation for the above apartment, and was in economic difficult circumstances. However, the Defendant thought to use the deposit received from the victim as repayment of other debt, living expenses, etc., and did not have an intent or ability to reduce the maximum debt amount of the collateral security established on the above apartment.

As above, the Defendant, by deceiving the victim as above, received from the victim the total amount of KRW 3,00,000,000 around January 3, 2017, and KRW 10,000,000 around January 10, 2017, and KRW 2,00,000,000 around January 11, 2017, and KRW 79,885,800,800 around February 7, 2017, and KRW 55,114,200, and above KRW 150,00,000 in total, around February 8, 2017, from the victim as security deposit.

The meaning of deception and fraud shall be examined.

In full view of the evidence duly admitted and examined by this Court, the following facts are recognized:

① Following the comprehensive delegation of E, the Defendant entirely handled the entire process of concluding the said lease agreement and receiving the deposit for lease deposit.

② The Defendant, other than E, was in custody of the means of access, such as passbook, card, etc. of the said Nonghyup Account.

Until the termination of the above lease agreement, the Defendant did not fully repay the secured debt of the above right to collateral security, and instead, began to consume the said deposit for the purpose unrelated to the repayment of the secured debt from the time of receiving the said deposit in installments.