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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. The facts of fraud against the victim D were that E leased G-Lina (hereinafter “Mayang G-Lina”) located in F in Mineyang-si (hereinafter “Mayang G-Lina”) for KRW 800,000,000, and the Defendant did not lease G-Lina and did not have any intent or ability to acquire the said G-Lina or building.
However, the Defendant agreed to receive 2-3% of the deposit for lease from the lessee E when attracting lessee while managing services, such as Mayang Gamba, 2-3% of the deposit for lease, oral, and 4th and upper floors.
Therefore, the Defendant did not have the right to receive the lease deposit under the lease contract from the lessee.
In addition, even if the defendant receives the lease deposit from the lessee, he could not provide it as security for the lease deposit because he did not own the apartment house which he had lived with the Hsan and the Hsan.
Nevertheless, around January 4, 2013, the Defendant is expected to lease and operate luminous G Co., Ltd. to the victim and take over the whole of luminous G Co., Ltd. or the building from the 5th floor office of Gwangju G Co., Ltd. around January 4, 2013. The Defendant is entitled to receive the lease deposit, and the Defendant was entitled to receive the lease deposit from Hasan G Co., Ltd. or the whole of Mayang G Co., Ltd. to lease 50,000 won to Nayang G Co., Ltd., the owner of Mayang G Co., Ltd. or the building. Moreover, the acquisition of Mayang G Co., Ltd. or the building will resolve the amount of KRW 50,000 that D Co., Ltd. shall receive from Mayang G Co., Ltd. or the owner of Mayang G Co., Ltd. to guarantee the return of the lease deposit.”
The Defendant received KRW 4,30,000,000,000 from the victim to the NA account under the name of GJ, his/her wife, from the victim, under the name of Gwangju G G Co. or lease deposit, around January 4, 2013, and received KRW 4.3 million around January 7, 2013, around January 10, 2013, KRW 10,000,000 from the victim, and KRW 35,000,000 around January 22, 2013.
Accordingly, the defendant deceivings the victim D, which is KRW 50 million.