A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 30, 2015, the Defendant entered into a lease contract on the condition that “the lease period between May 8, 2015 and May 7, 2017,” and “the deposit amount of KRW 30 million, monthly rent of KRW 150,000,000.” On May 8, 2015, the victim moved into the said apartment on May 8, 2015, and came to have the right of preferential payment under the Housing Lease Protection Act, following the E Association which established the right of collective security on the said apartment on June 27, 2013 with the fixed date obtained on May 15, 2015.

On April 2018, the defendant was notified by the victim of the intention to terminate the lease contract, but unless the new lessee and the new lessee enter into the lease contract, the defendant was unable to pay 25,400,000 won after deducting the unpaid monthly rent from the victim.

On July 2018, 2018, the Defendant called the said victim by phoneing the said victim, “The said victim is unable to seek a new lessee due to the preferential right to collateral security. If the moving-in report is made to the place of directors, the Defendant would receive an additional loan as collateral and return the deposit for lease. It is believed that the moving-in report can be repaid in full because it is possible to return the full amount of the deposit.”

However, the Defendant was unable to obtain additional loans due to the default of national taxes and the first priority collective security, and even if the victim made a move-in report to a new place of residence, there was no intention or ability to pay the lease deposit to the victim.

As above, the Defendant deceiving the victim, and the victim was transferred to his/her domicile on July 18, 2018 by making a move-in report to a new residence on July 18, 2018. On July 25, 2018, the Defendant sold the said apartment to F for KRW 11 million and transferred the registration of ownership transfer on August 3, 2018, thereby having the victim lose the right to preferential payment under the Housing Lease Protection Act, and only 2,540 million from the victim by having the victim lose the right to preferential payment.