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Defendant
A and C shall be punished by imprisonment for eight months, and by imprisonment for ten months, respectively.
However, from the date this judgment becomes final and conclusive, respectively.
Reasons
Punishment of the crime
[criminal record] Defendant A was sentenced to one year and four months of imprisonment for fraud, etc. at the Jung-gu District Court on April 4, 2019, and the judgment became final and conclusive on April 12, 2019. Defendant B was sentenced to two years of suspension of execution on August 22, 2014 at the Seoul East Eastern District Court on August 14, 2014 and the judgment became final and conclusive on August 22, 2014. On September 25, 2019, Defendant B was sentenced to two years of suspension of execution on August 3, 2019 due to a violation of the Housing Act, etc.
【Criminal Facts】
1. On September 2010, 2010, fraudD sold E’s subscription passbook in the name of his spouse to F KRW 10 million. On November 16, 2011, E entered into a lease agreement with the Korea Land and Housing Corporation to lease Suwon-gu G apartmentH (hereinafter “instant apartment”). Defendant B deposited the deposit money of the instant apartment into the Korea Land and Housing Corporation and delegated Defendant C with the right to dispose of the right to lease of the instant apartment after receiving the deposit money from the Korea Land and Housing Corporation, and Defendant C requested Defendant A, who operates the “J Licensed Real Estate Agent Office” in the above G apartment building I, to mediate the above lease transaction, and the Defendants conspired in the process to divide the share of the money paid from the purchaser of the said right to lease in accordance with their respective roles.
Defendant
A, on May 9, 2014, according to the above public offering, at the above licensed real estate agent office, concluded that “A is a public rental apartment which can be traded normally, and is a soldier, and is a military person, and is an object which can be legally traded within three months.”
However, the fact was that E was unable to transfer a legitimate right of lease because E was not the moving of residence while residing in the apartment of this case, and it was unclear whether the workplace of E was changed.
The Defendants are as above.