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

Punishment of the crime

The defendant is the owner of Seo-gu Daejeon Seo-gu C multi-family house.

On February 17, 2015, the Defendant concluded a lease agreement with the victim F to the effect that, while leasing the above C Building 303 to the victim F for KRW 70 million, the Defendant was making a false statement to the effect that: (a) there was a large amount of deposit against the rent-to-monthly deposit; (b) there was a large amount of deposit against the rent-to-monthly deposit; (c) there was a large amount of deposit against the rent-to-monthly deposit; and (d) there was a concern about the safety of the house owner’s home-to-house's home-to-house's home-owner'

However, in fact, the defendant did not have any property other than the above multi-family house, and all lessees were residing as a whole, and 401 already leased to G, and there was no intention or ability to return the lease deposit to the victim when repayment of the bank loans secured by the right to collateral security and the lease deposit to other lessees prior to the victim is made.

As above, the Defendant: (a) by deceiving the victim; (b) received 3.5 million won as the down payment of the rent deposit from the victim; and (c) received 66.5 million won as the remainder of the rent deposit on March 10, 2015.

Accordingly, the defendant deceivings the victim and defrauds 70 million won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of F in the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made by the prosecution with regard to H;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes governing the lease contract for multi-family house, certified copy of register, civil execution case records, and dividend table;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the basic area (from June to one year and six months) (no person who is subject to special sentencing];

2. Although the amount of punishment obtained by deception is reasonable, the damage has not been restored until now, and the victim is punished by the defendant.