A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

On February 2, 2016, the Defendant was sentenced to imprisonment with prison labor and two years and six months at the District Court for fraud, etc., for the same year.

5. 10. The above judgment became final and conclusive.

Around July 26, 2010, the Defendant leased 306 studio 4,000 won from the victim C, and paid monthly rent of KRW 50,000 per month. From September 5, 2010, the Defendant paid KRW 30,000 or KRW 5,000,000 per month, but failed to comply with the commitments.

On March 22, 2011, the Defendant sold the entire studio building to E with the total amount of KRW 720 million, and came to know that the obligation to return deposit was succeeded to E with the obligation to return the deposit, after obtaining the consent from the injured party on the preparation of the lease contract for the cause of KRW 30 million, and then receiving the lease deposit from E using the above lease contract.

Accordingly, around April 26, 2011, the Defendant entered the facts charged in the instant room in the office of “H located in Seongdong-gu Seoul Metropolitan Government,” but according to the witness C and G’s statement, it is recognized that the lease agreement for the succession to the lease with E was prepared in the room of the instant case. Since there is no dispute regarding the preparation of the lease agreement with the Defendant, the Defendant is changed ex officio as it does not interfere with the exercise of its right to defense.

In fact, the defendant did not own or sell F apartment Nos. 101 201, 201, 201, 201, and there was no particular property or revenue, and there was no intention or ability to pay 30 million,000,000,000,000 won to the victim C, and the victim did not have the intent or ability to sell the above F apartment and receive the money to the purchaser. Thus, until July 30, 201, the victim would pay 30 million won of the lease deposit.

In addition, it is reasonable to approve E to prepare a lease contract with a deposit of KRW 30,000,000, and receive the deposit from the purchase price to E after deducting the deposit from the purchase price.