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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
1. On May 9, 2012, the Defendant was delegated by the victim D with the conclusion of a lease agreement with respect to the E Studio 35 households, E, the ownership of the Defendant, in the course of operating the real estate brokerage office with the mutual name “C” from the from the date of ethic City B.
As a licensed real estate agent, the defendant has a duty to give accurate notice of the terms of the lease agreement and deliver all of the lease deposit received from the lessee.
On June 12, 2014, the Defendant violated the above occupational duties. On June 10, 2014, the Defendant concluded a lease agreement between the lessee F and the lessee F with respect to the foregoing E Stud G at the above “C office,” but on June 12, 2014, the Defendant notified the victim of the intention to convert the said lease agreement into the monthly rent lease agreement with the victim at KRW 4 million and KRW 36 million between the monthly rent lease agreement around June 12, 2014. On the same day, the Defendant notified the victim of the intention to convert the said lease agreement into the monthly rent lease agreement with the victim at KRW 40,000 and KRW 36,000,000,000 from the deposit received from F, thereby obtaining pecuniary gains and having the victim bear the obligation to refund the lease deposit, thereby causing considerable damage to the victim.
B. On June 25, 2015, the Defendant violated the above occupational duties, and concluded a lease agreement with the lessee I who was residing in the monthly income without a deposit as of June 22, 2015. However, around that time, he/she falsely notifies the victim that I would wish to receive more than two months of the monthly rent, and without notifying I of the conclusion of the lease agreement, he/she entered into a lease agreement with I as of June 25, 2015, wherein I received KRW 10 million as of the same day, including having received KRW 40 million from I until June 28, 2015.