A defendant shall be punished by imprisonment for two years.

The application for compensation order of this case by the applicant for compensation shall be dismissed.

Punishment of the crime

[2013 Highest 1492] From August 201, the Defendant leased the studio building owned by the Defendant due to lack of construction funds while constructing the studio building in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, to raise the construction fund for the studio building with the security deposit.

However, in fact, there is no person who intends to rent the studio building on which the defendant was holding the right to collateral security, and the person who intends to rent the right to collateral security with the security deposit was aware of the fact that he/she would pay part of the security deposit, and concluded a lease contract with the awareness that he/she would be able to cover the construction

1. On August 16, 2012, at the G Licensed Real Estate Agent Office located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant concluded a lease agreement with the victim E with respect to the H building 301 in Yeongdeungpo-gu Seoul Special Metropolitan City H building owned by the Defendant, and concluded a false agreement with the victim that “When the remainder of the lease deposit is paid, the Defendant would have to reduce the amount of the collateral security obligation by discharging part of the amount of the collateral security obligation (the maximum amount of the claim 65 million won) established on the part of the amount of the collateral security obligation (H building 301) to be leased.”

However, even if the Defendant received the lease deposit from the victim, it was thought that it would be appropriated for the construction cost of the publicly notified source building, and there was no other expected income, such as delay in the sale of other studio, etc. due to the aggravation of the real estate competition, and even if the Defendant received the lease deposit from the victim, he did not have the intention or ability to lower the maximum debt amount of the right to collateral security (H building 301) by repaying part of the secured debt amount of the leased

As such, the Defendant, by deceiving the victim, had the victim enter into a lease agreement on the above studio 301 around that time from the victim, and 2.5 million won in the name of the down payment among the lease deposit, and the same year.

9.1. The balance; and