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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
"2016 Highest 3931"
1. On December 22, 2014, the Defendant entered into a lease agreement on the condition that the victim F Office of the Victim F in Busan Metropolitan City, Busan Metropolitan City M 701 and NM 702, which is owned by the victim, pay a deposit of KRW 40 million per month and KRW 4 million per month at the office of the Victim F in Busan Metropolitan City, Kimhae L. 206 on December 22, 2014, the Defendant shall first pay the deposit of KRW 10 million as the down payment among the guarantee deposit of KRW 40 million and pay the intermediate payment and the balance on the date of the agreement after the lease of the main point, and shall also pay the monthly rent as a normal payment on the date of the lease of the main point.
“False speech” was made.
However, at the time of fact, the Defendant was liable for debts exceeding KRW 600 million only to the Asset Management Corporation, and on the other hand, the Defendant did not have the intention or ability to pay the balance of the deposit and the monthly rent even if the main loan is leased in the condition of 10-class credit rating that the additional loan is entirely impossible due to the circumstance where the failure to repay the loan normally due to the occurrence of delinquency.
Nevertheless, the Defendant did not pay the sum of the deposit and monthly rent of KRW 85 million, which was promised by deceiving the victim and receiving the main points from the victim as above, thereby taking property benefits equivalent to the above amount.
2. Crimes against victims P;
A. On August 8, 2015, the Defendant was entrusted with an auction on behalf of the victim P to receive fees and bid bonds from the victim P at the (State) RR office located in Q Q at Kimhae-si, and, in other words, KRW 50,000,000,000,000,000 from the tin, received each payment of the bid deposit of KRW 1,376,00 from the 12th of the same month, and participated in the S real estate auction goods (Seoul apartment at Kimhae-si), but failed
Accordingly, the defendant will use 1,3760,000 won for the next auction after receiving the returned bid bond and has been kept for the victim at that time.