A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is the owner of 101, the Orcheon-gu C building operated by the defendant.

On October 11, 2011, the Defendant concluded a lease agreement with the victim F, the lease deposit of KRW 40 million from October 28, 2011 to October 28, 2013, with the lease deposit of KRW 40 million, the monthly rent of KRW 400,000,000, and the down payment of KRW 4 million on October 28, 201, with the victim’s provisional attachment of KRW 15,00,000,000,000, which was established on the loan in the said money, on October 28, 2011.

However, the Defendant, without any special reason, was liable for the existing obligation of 5 million won or more, and even if the Defendant received any balance from the victim, he was required to use it to refund the deposit amount of 40 million won to the previous lessee, so even if the Defendant entered into a lease contract with the victim and received any balance, he did not have the intent or ability to cancel provisional seizure equivalent to 15 million won of the claim amount established by the Gyeonggi Sports Credit Guarantee Foundation.

As above, the Defendant, by deceiving the victim and receiving the down payment of KRW 4 million on October 11, 201 from the victim, and the remainder of KRW 36 million on October 28, 201, but did not cancel the provisional attachment, thereby deceiving the victim as a deposit for lease, thereby obtaining a total of KRW 40 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes to report on the progress of each auction case, copy of lease contract, each account statement, complaint letter, monthly rent contract, performance letter, and investigation report;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

1. Although the nature of the instant crime for sentencing under Article 62(1) of the Criminal Act is not good, the Defendant’s mistake is divided, the Defendant agreed with the victim (see the written agreement submitted by the defense counsel on October 11, 2010), and the victim was distributed KRW 20 million as a small lessee in the distribution procedure.