A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 10, 2012, the Defendant was sentenced to imprisonment for eight months with prison labor and two years of suspended execution at the Seoul Central District Court on August 10, 2012, and such judgment became final and conclusive on the 18th of

On June 9, 2012, the Defendant posted an advertisement to the Internet site NVV to rent KRW 102 to KRW 15,000,000 in Seoul, Gangnam-gu D building 102,00, and around the 11st day of the same month, the Defendant operates children E and several studios.

D Building 102 No. 102 house,

In order to enter into a lease contract with the maximum amount of KRW 15,00,000, it would be possible to enter into the lease contract, and the law firm would be able to give notarial deeds to the lease deposit.

However, in fact, the Defendant is not the owner of the above D Building 102, but the lessee who was leased with the lease deposit of KRW 1,500,000, monthly rent of KRW 1,500,000, not the owner of the above D Building 102, and there was no right to lease it to the victim. Moreover, even if the Defendant received the lease deposit from the victim, the Defendant did not have the intention or ability to return

Nevertheless, the Defendant received the total sum of KRW 15,000,000 from the victim on June 11, 2012, and KRW 13,500,000 from the victim on June 13, 201, and acquired it as security deposit money.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police statement of E;

1. A detailed statement of passbook transactions, a real estate lease contract, and a certified copy of a deed;

1. Previous records: Criminal records, the Seoul Central District Court Decision 2012 High Court Decision 2012 High Court Decision 1932, the Seoul Central District Court Decision 2012No244 Decided decisions; and

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The reasons for sentencing under the latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. The scope of punishment: Imprisonment with prison labor for not more than ten years;

2. The recommended sentencing criteria: The sentencing criteria shall not apply (the latter concurrent crimes of Article 37 of the Criminal Act).

3. Determination of sentence: Imprisonment with prison labor for six months: the defendant studio of this case;