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

Punishment of the crime

On July 20, 2012, the Defendant was sentenced to three years and six months of imprisonment for fraud at the Busan District Court, and the above judgment was finalized on January 11, 2013, and on April 11, 2013, the Defendant was sentenced to imprisonment with prison labor at the Busan District Court for fraud and was finally decided on July 20, 2013.

On July 10, 2009, the Defendant entered into a lease agreement with C on the lease term of KRW 20,000,000 for a building 703 located in Gwanak-gu in Busan Metropolitan City (hereinafter “the instant apartment”) in lieu of C around July 10, 200, and for the lease term of KRW 20,000 from the victim E (agent F) to the end of July 10, 201, and paid KRW 20,00,000 for the lease term of KRW 30,00 for the repayment of the existing debt to C, and C resided in the said building.

G and H acquired ownership by winning a successful bid in the compulsory auction process around March 3, 2010 and registered ownership transfer in the name of G and H around March 15, 2010.

On March 2, 2011, the Defendant made a false statement to the effect that “The Defendant, in the Defendant’s residence located in Busan Metropolitan City, shall return this deposit to the victim, and shall request the new owner of the house to return the deposit.”

However, the defendant did not have been delegated with the repayment of deposit money by C, and even if he received money from the injured party, he did not think that he would use it for the personal purpose of the defendant, and did not think that he would use it for the renewal of the contract.

The Defendant received KRW 15,00,000,000, in total, around March 2, 201, around 201, around 10,000 and around May 2, 2011, from the damaged party, for the purpose of returning C deposit.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and C;

1. Each police statement protocol with respect to E and C;

1. Account transactions, Internet banking transactions, and transaction details.