[Defendant A] The defendant A shall be punished by imprisonment for one year.

[Defendant B] Defendant B shall be punished by imprisonment for eight months.

Punishment of the crime

[2015 Highest 1320]

1. Defendant A is a lessee who entered into a lease agreement with the Korea Land and Housing Corporation, a rental business operator on June 30, 201 with respect to F apartment seven complexes, 714 Dong 601.

A lessee of a fraudulent rental house may transfer the right of lease with the consent of the rental business operator only if all the members of the household of the rental house have moved into the rental house due to work, occupation, treatment of disease, etc. after moving into the rental house.

Defendant

A around February 20, 2012, on the commercial building in the F Apartment 8 Complex, Pakistan made a false statement to the victim H, who became aware of through B’s brokerage, stating that he/she will transfer his/her name within five months.

However, in fact, Defendant A paid only KRW 14.2 million out of the total amount of 71 million of the rental deposit because of the absence of any particular property, and paid once the amount of the transfer proceeds received from the victim as the remainder of the rental deposit, and was planned to use it for personal purposes, such as stock investment, with loans as security for the above rental deposit, and thus, the Korea Land and Housing Corporation paid the balance of the rental deposit in full and occupied the rental house into the rental house and had no intention or ability to legally transfer

Defendant

A, as such, by deceiving the victim as such, obtained a sum of KRW 18.4 million from February 20, 2012 to February 25, 2012 as the object of the right of lease transfer from the victim, and acquired by defraudation.

(b) Since Defendant A is a lessee who has entered into a lease contract with the Korea Land and Housing Corporation, which is a rental business operator, he/she shall not transfer the right of lease to another person.

Defendant

A around February 20, 2012, in the “G Real Estate” located in the F Apartment 8 Complex Commercial Building around Pakistan-si, the Plaintiff received KRW 18.4 million from H in the absence of justifiable grounds for the transfer of the right of lease.