Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant was the owner of the Jung-gu Daejeon District Building C (hereinafter “instant Building”).

On October 1, 2013, the Defendant concluded that the instant building was a defective building without notifying the fact that the instant building was an auction due to voluntary commencement of auction on November 23, 2012, to the victim D, who wishes to enter into a lease contract (monthly rent) on the first floor of the instant building in the Jung-gu Daejeon, Daejeon, Daejeon, the office of the Defendant, and the first floor of the instant building, around October 1, 2013.

However, the defendant had no intention or ability to return the rental deposit to the victim when the building of this case was sold at will due to the auction process.

Nevertheless, from October 1, 2013 to October 29, 2013, the Defendant acquired property equivalent to the above money by remitting the leased deposit of KRW 10 million, monthly rent of KRW 800,000,000 for premium, and KRW 4 million for premium to cash and head of Tong.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Investigation report (Submission of a certified copy of the registry of suspect A real estate), investigation report (related to hearing statements from a certified broker);

1. The real estate lease contract [the defendant and his defense counsel knew that the above building was in auction and thus did not deceiving the victim;

The argument is asserted.

In contrast, the following circumstances, which are acknowledged by each evidence of the holding, the victim failed to be informed from the investigative agency to the court that the building of this case is at auction.

E statements made by the Defendant and the victim’s introduction are consistent with the victim’s statements. ② The lease contract’s deposit is KRW 10 million, monthly rent is KRW 800,000,000, and is considerably low in light of the market price around the instant building. Thus, if the victim had been aware that the instant building was in progress at auction for 11 months, it would be difficult to pay the monthly rent separately depending on the market price if the victim had already known that the instant building was in progress at auction.