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

Punishment of the crime

[2017 Highest 2164] From March 2009, the Defendant has been delegated to enter into a monthly tax contract with the tenants for multi-household houses of the fourth-story building D, which is located in Gyeonggi-si, the women of which are owned by the Defendant from March 3, 2009.

On March 20, 2015, the Defendant entered into a contract on the F’s real estate brokerage office located in the building No. 106 at the Government of Gyeonggi-si, with the victim G as the agent of the above C, to KRW 70,000,000 in relation to the fourth floor of the said multi-household housing.

However, in relation to the above contract, the defendant would conclude a monthly rent contract with C on the condition that deposit amount of KRW 10,000,000, monthly rent of KRW 500,000.

In addition, even though the authority to conclude the lease contract was not delegated, the authority to conclude the lease contract was delegated, and it was thought that part of the deposit was received from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 5,000,000 as the down payment from the victim; (c) received KRW 65,000,000 as the remainder on March 30, 2015; and (d) remitted KRW 10,000,000 to the building owner C as the monthly rent deposit; and (c) acquired the remainder of KRW 60,00,000 as the down payment.

Accordingly, the Defendant acquired a total of 60,000,000 won from the injured party.

[2017 Highest 3049] From March 18, 2009, the Defendant was entrusted with the management of the multi-household housing (three-story buildings) located in the city of the government owned by Sinnnnn, under a monthly lease contract from its owner.

On February 20, 2015, the Defendant showed 102 housing units H and 102 (hereinafter “the instant housing”) of the instant housing units to the victim I, and the victim would choose any of the pre-tax (guarantee 25 million won), monthly rent (Guarantee money KRW 5 million, monthly rent KRW 200,000), and the Defendant would return the deposit to the previous revenue. However, the Defendant would return the deposit to the previous revenue.