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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a brokerage assistant of the “E Licensed Real Estate Agent Office” operated by D, 106, the C Apartment Building Building 106, in Pakistan.
On April 2012, the Defendant, at the above brokerage office, acquired the right of lease of 711 dong 1002 from G, the right of lease of 711 dong 1002, in fact, G in return for the acquisition of the obligation corresponding to G’s loans to G, 568 million won and interest, paid KRW 30 million under the pretext of F, and assessed KRW 430,000 for the monthly rent to be paid by G to the Korea Land and Housing Corporation.
The above apartment house is a rental house leased in KRW 71 million by the Korea Land and Housing Corporation to G, and the transfer of the right of lease was restricted, except in extenuating circumstances, but the defendant is expected to make a profit by means of future right of lease, etc. and the defendant is expected to make a profit by taking over the above apartment house after receiving the deposit of lease deposit of KRW 20 million and monthly rent of KRW 600,000,000,000 from others, but the defendant tried to sell and purchase the right of lease of the above apartment house as the repayment period for the existing apartment house has arrived.
Around August 10, 2013, the Defendant entered into a lease agreement with the victim and the victim H stating that “Any loan has been made to the above apartment. If the above apartment is leased to KRW 65 million for three months, the lease deposit will be refunded after the expiration of the lease term.” The Defendant entered into a lease agreement with the victim and the lease deposit amount of KRW 65 million from September 12, 2013 to December 31, 2013.
However, unlike the defendant's explanation, the above apartment house had a loan of 56.8 million won, and the defendant did not have any special income at the time, and the defendant did not have the above loan of 56.8 million won, and the personal debt such as bank loan of 90 million won, but it is difficult to pay the interest.