A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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

[2012 Highest 10305]

1. Around March 22, 2012, the Defendant entered into a contract for acquisition or transfer of real estate rights (non-goods) with the victim E and the Plaintiff to pay KRW 15 million for the transfer or acquisition of the right to lease on the transfer or acquisition of the right to real estate by transfer of the right to real estate, and KRW 10 million for the equipment of the above officetel.

After that, on May 8, 2012, the Defendant made a false statement to the victim that “A victim, who was an existing lessee, would offer a loan amount of KRW 15 million within this frame if he/she consented to prepare a new lease contract with a lessor.”

However, the defendant did not have an intention or ability to pay the price even if he/she takes over the right of lease under the above 601 with the above consent from the victim.

The Defendant acquired the right of lease under the above 601 from the victim, and acquired the pecuniary profit equivalent to 15 million won.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

[2013 Highest 3412]

2. On May 1, 2012, the Defendant entered into a lease agreement with F, a lessor, on the condition that the office No. 601 of the Busan Btel Office, 10 million won for the lease deposit, monthly rent 4.6 million won for the lease period, and approximately four months from May 1, 2012 to August 31, 2012, and used the office from May 1, 2012 without paying the rent, and continued to use the office without permission, despite the expiration of the lease period on August 31, 2012.

Defendant G and H purchased the above office on December 16, 2012, and completed the registration of ownership transfer on January 31, 2013.

On January 20, 2013, the Defendant prepared a written complaint to the effect that “Defendant G and H jointly intruded into the office leased and used by the complainant (Defendant A) and stolen the office Nos. 278 of the market price of KRW 26,100,00,000, which is owned by the complainant,” and submitted the above written complaint to the public service center of the Busan Geum-gu Police Station located in the Geumcheon-gu, Busan on March 15, 2013.