A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On July 16, 2007, at the D Licensed Real Estate Agent Office located in Jung-gu Seoul, Jung-gu, Seoul, to lease 5,202 Dong-dong 202 (hereinafter “E apartment 202”) owned by the Defendant to the victim F, and to prepare a real estate lease agreement, the Defendant received 14,000,000 won as down payment from the victim, and received 26,000,000 won as part payment from the first police officer on August 2007.

On August 9, 2007, the Defendant borrowed KRW 190,000 from a national bank, and made a registration of establishment of a collateral of KRW 253,50,000 with respect to E apartment 202.

On September 4, 2007, the Defendant, who became aware of the establishment of the right to collateral security against E apartment 202, requested the termination of the lease agreement from E apartment 202, paid the remainder of the lease deposit to the victim, the Defendant, upon paying the remainder of the lease deposit from the National Bank, by discharging the obligation borrowed from the National Bank, and by deceiving the victim, who is the lessee, by cancelling the establishment registration of collateral security.

In fact, even if the defendant received the lease deposit from the victim, the defendant did not have the intention or ability to repay the debt to the national bank and cancel the registration of the establishment of a neighboring mortgage.

Around September 5, 2007, the Defendant received additional KRW 100 million from the victim, instead of cancelling the lease contract.

However, even though the Defendant received the full amount of the lease deposit from the victim, the Defendant failed to repay the above national bank’s debt, and the auction was conducted on October 18, 201 due to the application for voluntary auction by the national bank, the mortgagee, around May 7, 201, and around May 7, 2012, E apartment 202 transferred to G the ownership due to “sale due to voluntary auction.” The victim was not paid the lease deposit at all with the lower creditor than the national bank, and the said E apartment 202 was delivered to G.

After all, the defendant deceivings the victim.