A defendant shall be punished by imprisonment for three years.

The defendant is 16,00,000 won by fraud to C who is an applicant for compensation, and D who is an applicant for compensation.

Punishment of the crime

[2014 Highest 689]

1. The defendant is a person who engages in real estate consulting business under the trade name of E;

The Defendant did not have been delegated the authority to prepare the lease contract and lease contract from the fudio building owner G in the studio 203 of the building in the fudio-gu.

On December 23, 2013, the Defendant prepared a real estate lease agreement with the above stud tenant H, who is aware of the fact, and puts the Defendant’s seal on the column of the location of the site for the real estate lease agreement prepared in advance, stating “F 2th floor 203, 17,000,000 won in the deposit column,” “one million won in the deposit column,” “105-702, 105-702, in the name column of the lessor’s address,” “G” in the column of the lessor’s address, “G” in the name column of the lessor’s name, “J, K, and A”, and then puts the Defendant’s seal on the name side of the above A.

Accordingly, for the purpose of exercising the right, the defendant prepared a copy of the real estate lease contract, which is a private document concerning rights and obligations, using the qualification of agent of the above G.

2. The Defendant, at the time and place of Paragraph 1, exercised the real estate lease contract prepared as above to H as he did not know that the contract was duly formed.

3. The Defendant, as in paragraphs (1) and (2), committed as if he/she had a legitimate power to exercise the right to represent the above studio 203 lease contract, and he/she was issued from the victim with KRW 17 million as a deposit for lease.

[2014 Highest 1018] The Defendant, under the trade name of E, was a person engaged in the real estate consulting business, and did not have been delegated with the authority to conclude a lease contract from the studio building owners for the payment of the purchase price of his apartment, and the repayment of bonds, the lessee is aware of the fact that he had the authority to do so.