A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 20, 2011, the Defendant entered into a lease agreement with the victim F and the second floor G loan No. 201 at an officially certified broker office located in Nam-gu, Incheon Metropolitan City, setting the lease period of KRW 2 years, the lease deposit of KRW 25 million.

On August 24, 2013, the expiration date of the contract, the Defendant demanded the return of the deposit for lease on or around August 24, 2013, the Defendant paid the deposit for lease with the loan to the above victim, “If you move to the address first transferred from another revenue, he/she will receive money from another revenue.”

“Falsely speaking,” and without notifying the fact that the above 201 was already sold on December 13, 2013, the victim will return the leased deposit to the victim within three months.

“The phrase “ was false.”

The fact is that the defendant did not have the intention or ability to return the leased deposit to the victim even if the victim transferred his/her address and leaves the address because it is urgent for the defendant to pay the loan interest equivalent to the debt of KRW 700,000,000 to the New Cooperatives and No. 50,000 at the time.

Therefore, it was ordered by the victim to leave the above 201 without receiving the lease deposit, and the tenant with opposing power was ordered to leave the above 201 building. On November 15, 2013, the victim lost the right of 25 million won of the lease deposit with opposing power by selling the above loan to H around November 15, 2013, and acquired property profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. All statements on complaint, reports on execution, and certificates for registration;

1. Application of the Act and subordinate statutes to a investigation report (the attachment of transaction details of passbooks to Nonghyup);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud No. 1 (less than KRW 100 million) is the basic area (from June to one year and six months) (the person who is subject to special sentencing).