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

Punishment of the crime

On February 5, 2010, the Defendant purchased 200,000,000 won of the purchase price, such as acquiring 250,000,000 won of the loans from financial institutions, from D around 2010, and completed the registration of ownership transfer in the name of the Defendant on February 5, 2010, borrowed 40,000 won to F, who is a bond business operator on September 2010, and established a right to collateral security and a right to lease on a deposit basis with G maximum debt amount of KRW 60,00,000 for the said housing as security.

On July 2, 2012, the Defendant made a false statement to the victim J of the International Licensed Real Estate Agent Office in Dong-gu, Dong-gu, Dong-gu, Hacheon-si, stating that “If he/she becomes a party to a charter party, he/she would cancel the right to lease on a deposit basis of G already established and terminate the right to collateral security so that the party can reside safely.”

However, the Defendant failed to pay the interest on bonds to the above F from May to June 2012, and even if the Defendant did not have any specific property and received the deposit from the victim, the Defendant did not have the intent or ability to repay the loan to F and cancel the right to lease on a deposit basis and the right to collateral security. In fact, the Defendant had already failed to pay the interest from August 2012 to the Agricultural Cooperative, the creditor of the said house, thereby having reached the situation where the auction of the said house will

On July 2, 2012, the Defendant: (a) by deceiving the victim; (b) concluded a lease contract with the victim with the lease deposit of KRW 2 years; (c) the lease deposit of KRW 90 million; and (d) received KRW 10 million from the victim for the same day the down payment of KRW 35 million; and (c) received KRW 90 million for the remainder payment of KRW 45 million on July 9, 2012 from the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of K witness K;

1. Each statement of witness J, L and F in the second trial records;

1. A lease contract, a whole certificate of registered matters, a distribution schedule and a document establishing a right to lease on a deposit basis;

1. Inquiries about details of loans, inquiries about details of redemption, and inquiries about details of transactions and details of redemption, and application of statutes governing a real estate sales contract;