A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On July 23, 2015, the Defendant was sentenced to one year of imprisonment with prison labor at the Busan District Court for fraud, and the judgment becomes final and conclusive on the 31st of the same month.

On April 20, 2013, the Defendant leased the F apartment No. 101 and 203 to the victim E at the Gangwon-do Office of Licensed Real Estate Agent (D Licensed Real Estate Agent) in Gangwon-do. The Defendant stated, “The Defendant would cancel the right to collateral security established in the name of the new State community credit cooperatives on the apartment on the date on which he/she receives KRW 45 million.”

However, in fact, even if the Defendant received money as a deposit for the lease on a deposit basis, he thought that it would be used for other real estate sales proceeds, but did not intend to use it as the cost for establishing the right to collateral on a deposit basis. At the time, the Defendant was liable for approximately KRW 700 million only for bank obligations, and most of the apartments owned were established with collateral security and provisional seizure, and thus, the Defendant did not have the ability to lease it to the victim by cancelling the right to collateral

Nevertheless, the Defendant received 1 million won as down payment from the victim, i.e., the down payment, and around April 28, 2013, he received 44 million won from the Busan Bank Account (H) in the name of G to the Busan Bank Account (H) and acquired 45 million won in total.

Summary of Evidence

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

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A lease contract for apartments, a certified copy of each real estate register, a notice on the current status of real estate, receipts, and details of passbook transactions;

1. Before judgment: Application of the Acts and subordinate statutes concerning criminal records and prosecution records;

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

1. It is so decided as per Disposition on the grounds of the latter part of Article 37 and Article 39(1) of the Criminal Act concerning concurrent crimes;