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

Punishment of the crime

The defendant is the actual owner of AE apartment AF in the name of the wife Kimpo-si in the name of the wife, and on December 20, 201, the defendant leased the above apartment to the victim AG in the amount of KRW 110 million.

On December 18, 2013, the Defendant discussed the renewal of the lease agreement with the victim at AJ located within the store AH AI located in Kimpo-si, Kimpo-si. On December 20, 2011, the Defendant: (a) knew of the fact that the victim was aware of at the time of the initial lease agreement with respect to the above apartment, the amount of the claim amounting to KRW 60,000,000 in the name of AK was set up; (b) prepared a brief statement to the effect that “AK would settle the collateral security for the corporation AK by June 30, 2014,” and “AK would settle the collateral security for the lease deposit amounting to KRW 110,000,000,000,000.”

However, due to inheritance disputes at the time, the Defendant was liable for the agreed amount of KRW 320 million to siblings. D was liable for approximately KRW 40 million. On the other hand, the Defendant’s market price for the land AL, AM, and N is about KRW 110 million, the Defendant was about KRW 451,50,000, and the total amount of the collateral security claims on each of the above lands was about KRW 451,50,00,000, because there was no particular asset or income other than the above land, making it difficult for the Defendant to pay the principal and interest of the loan borrowed from the K bank as collateral with each of the above lands. Therefore, there was no intention or ability to cancel the collateral security established on the above apartment, and there was no intention or ability to return the deposit to the victim.

Nevertheless, the defendant deceivings the victim as above and concludes a lease contract for the above apartment with the victim, and it is the first lease contract.