Defendant

A Imprisonment for four years, and Defendant B shall be punished by a fine of 70,000 won.

Defendant

B The above fine shall not be paid.

Punishment of the crime

[2016 Highest 882]

1. On December 30, 2013, the Defendant: (a) arranged a lease agreement (the former three years) to lease (the former three years of age) from the G real estate brokerage office located in F, G real estate (F) to the victim J (the South and the 66 years of age) at the P, P, P, P, and P, P, P, P, P, P, and P, P, P, P, P, P.

Since then, the Defendant: (a) did not enter into a lease deposit with H, a lessor of the loan; and (b) did not enter into a lease contract by converting the lease contract into a monthly rent contract.

After doing so, he received all the deposit from the injured party, sent only a part of the deposit to the lessor H, and sentenced to embezzlement of the remaining money.

On January 13, 2014, the Defendant received KRW 9 million under the name of the deposit money for the lease of the above loan from the victim, KRW 5 million under the same name as the same on January 27, 2014, and KRW 10 million under the same name as each of the same days from the transfer to the national bank account in the name of K, his/her father, each of whom was his/her father, but did not deliver it to the lessor H, and used it at will by the Defendant’s living expenses, etc. around that time.

Accordingly, the Defendant, while receiving money in the name of the deposit money for the lease on a deposit basis for the victim, embezzled by using it at will.

2. On February 19, 2014, the Defendant: (a) indicated that he/she leased the leased deposit amounting to KRW 36 million, monthly rent amounting to KRW 240,000,000, and KRW 2.40,000,000,000 from the said lessor’s G real estate; (b) stated the lessee’s name in the lessee column, and then printed it to the lessor H that he/she was aware of the forgery.

Accordingly, the defendant, without authority, forged the lease contract under the name of the victimJ, and exercised it.

3. Any person who has violated the authorized brokerage law shall render brokerage services using the name or trade name of another person, or another person.