A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The Defendant borrowed KRW 57,00,000,000 from Hyundai Capital Co., Ltd. around April 16, 2010 and entered into a contract on the transfer of KRW 80,000,000 to the said apartment to the said Hyundai Capital Co., Ltd. for the purpose of collateral, the Defendant was the lessee of the E apartment owned by the victim D, 101 and 703, which is the victim of the said apartment in Silung City. On or around the 20th of the same month, the victim consented.

On May 11, 2011, the Defendant made a false statement to the effect that the Defendant repaid the Defendant’s loans to the said Hyundai Capital Co., Ltd. to the Plaintiff at the real estate office in front of the E apartment in Silung-si.

However, the above assignment of claims is valid because the above loan is not repaid, and the defendant did not have the right to receive a refund of the lease deposit from the victim.

As above, the Defendant took place as if he had a legitimate authority to refund the above lease deposit, and received 80,000,000 won from the victim’s seat.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written consent to a loan, an apartment leasing contract, a receipt for the return of security deposit for lease on a deposit basis, the application of statutes governing the withdrawal;

1. Taking into account the relevant legal provisions as to criminal facts and the selection of a sentence under Article 347(1) of the Criminal Act (Fraud, choice of imprisonment), including the number of damages in the instant case and the Defendant’s failure to repay most of the damages. It is so decided as per Disposition on the grounds above.