사기
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
[Basic Facts] An existing house lease system executed by the Busan Urban Corporation in 2011 is a system under which the Busan Urban Corporation concluded a lease contract for housing in the project district at the request of a resident in order to enable low-income group in the city to reside as a low-income group in the current living zone. The lease deposit, in principle, shall not exceed KRW 50 million, and it is possible to set up a lease deposit within the extent of not exceeding KRW 75 million only where the tenant bears an amount exceeding KRW 50 million on the condition that the lease right for housing supplied belongs to the Busan Urban Corporation, the implementer.
【Criminal Facts】
On October 24, 2011, the Defendant entered into a lease agreement to lease the “F apartment G housing units” (hereinafter “instant housing”) owned by the D Licensed Real Estate Agent Office in Busan, Dong-gu, Busan, to KRW 120 million, and KRW 200,000,000,000,000 monthly and monthly. Since the deposit for the lease of the instant housing exceeds KRW 75,000,000,000, the instant housing does not fall under the object of support for the lease system for the lease of the existing housing, and the Defendant had already leased the instant housing, which is contrary to Article 11(3) of the former Rental Business Guidelines for the Lease of the Existing Housing, and Article 1 of the Housing Lease Agreement.
Nevertheless, the Defendant has to pay part of the deposit KRW 120 million to E in mind by using the existing house leasing system, and the Defendant has to pay the balance to H with the funds generated from the Busan Urban Corporation, which is the party to the existing house lease contract as the husband of E, which is the party to the existing house. Therefore, the existing lease contract is hidden and the lease contract is more lease contract is concluded only once with the Busan Urban Corporation.