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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On August 5, 2014, the defrauded of the deposit money: (a) the victim D entered into a contract with the victim D to lease the deposit amount of KRW 101-1 and 101-2 of the building E in Suwon-si, Suwon-si; (b) the victim has no money at present; (c) the victim borrowed KRW 20 million and KRW 30 million for the lease of the first floor of the C building in the city of Si interest in the ownership of the victim; and (d) until February 5, 2015, if the victim borrowed the deposit amount of KRW 20 million and the interior cost of KRW 30 million, the above manual may be leased to another person; and thus, (c) the commercial building may be repaid as the deposit money.
However, in fact, the Defendant did not have a deposit for lease of the building E in Suwon-gu, Suwon-gu, and did not have any security deposit for leasing the building of the victim, as well as any expenses for the test for the lease of the building. Therefore, it was thought that the Defendant would engage in funeral at the expense of the victim solely because he did not have the intent or ability to pay the lease deposit and the test cost for the building.
On August 6, 2014, the Defendant permitted the lease of the above building without paying the lease deposit of KRW 20 million from the victim. On or around August 6, 2014, the Defendant acquired financial benefits equivalent to KRW 50 million by receiving transfer of KRW 30 million to the National Bank Account in F’s name, his/her father’s father and wife.
2. On August 26, 2014, at the same place as in the preceding paragraph, the Defendant defraudeded the tegrative cost, saying, “The monthly rent of H apartment No. 101 805, 100,000 won in Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, which had been living in Korea, is insufficient at present, and if the tegrative cost is insufficient, it would be repaid after three months if it lends KRW 30,000,000 to the said apartment as security.”
However, at the time, even if the above apartment bond was returned, the Defendant did not have any idea to repay the debt to the victim with the money, and even if he borrowed the above money from the victim because there was little personal property, the Defendant would have to pay it.