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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant of "2016 Highest 3732" is the brokerage assistant of the certified brokerage office of the D operation in Geumcheon-gu Seoul Metropolitan Government.
1. On December 9, 2013, the Defendant, under the pretext of a lease deposit, issued a multiple-household lease contract stating that “H”, “G”, and “one million won per day,” to the victim G (53 years) (a lessee) who requested the establishment of a lease agreement with the head of Guro-gu Seoul Government FF Loans or 201; provided, “The Defendant would allow the lessor H to enter into a lease contract with the deposit amount of KRW 110 million (10 million).”
However, the Defendant agreed with the lessor H to “a deposit of KRW 100 million and monthly rent of KRW 100,000,000.” Since the Defendant issued to the lessor a multi-household lease contract stating the lessor’s “H”, lessee “G”, and deposit of KRW 100,000,000 each month,” the Defendant merely thought that the Defendant would pay the Defendant’s personal debt or use it as the cost of his/her daily life even if he/she was transferred from the victim, and that H did not have any intention or ability to use it as the deposit.
Accordingly, the Defendant, by deceiving the victim as above, was transferred to the national bank account in the name of D as the deposit money for lease on the same day from the victim.
2. The Defendant, at the immediately preceding office around December 22, 2015, borrowed money, by calls from the victim G, to repay “2.5 million won until January 16, 2016,” respectively.
“A false representation was made.”
However, in fact, the Defendant did not have any property other than KRW 1 million monthly income at the time, while the obligation was exceeded KRW 20 million, and the lease deposit of the above real estate office was also borrowed from the beneficiary, and there was no circumstance in which the monthly rent of the residence and office was not prepared, so there was no intention or ability to repay the loan even if he borrowed money.
Ultimately, the Defendant.